Larimer County District Court Service and Proof of Service Rules

CRITICAL

Provide the other party with a copy of the motion and indicate service on the Certificate of Service; personal service is not required.

You must provide the other party with a copy of the Motion, which is indicated on the Certificate of Service. They do not need to be personally served – they just need to receive a copy…

CRITICALCivil cases

The individual and, if known to be represented, the individual’s counsel must be served with the Petition and Affidavit.

The filing must include a certificate of service indicating the individual and, if known to be represented, the individual’s counsel has been served with the Petition and the Affidavit.

CRITICAL

Service

Electronic service

Documents must be electronically filed and served in accordance with Colorado Rule of Criminal Procedure 49.5 and Chief Justice Directive 11-01, including later amendments.

Documents shall be electronically filed and served in accordance with Colorado Rules of Criminal Procedure 49.5 (a copy of which is attached) and Chief Justice Directive 11-01 as currently in effect, and as subsequently amended.

CRITICAL

Notice must be provided to respondent parent counsel, the guardian ad litem or youth’s counsel, and any pro se party unless contact information is unavailable.

to the respondent parent counsel, the guardian ad litem/counsel for youth, and any pro se party (unless there is no available contact information).

CRITICAL

If filing alone without a Co-Petitioner, you must serve the paperwork on the Respondent.

If you are filing alone (with no Co-Petitioner), you must have the paperwork served on the other party (also known as the Respondent)...

CRITICAL

You do not need to serve a copy of a form on the other party when they are in default.

If the other party is in default when you are filing any of your forms you do not need to send them a copy.

CRITICAL

Service

Personal service

After personal service, the process server must complete the Return of Service, give it to you, and you must file it with the Court.

The process server will fill out the Return of Service, give it to you and you will have to file it with the Court...

CRITICAL

The filer states that a copy of the position statement has been provided to the other party.

I have provided a copy of this position statement to the other party.

CRITICALCivil cases

Applies to

Emergency motion and accompanying documentation

The emergency motion and all accompanying documentation must be served on all counsel of record before the motion is filed.

The emergency motion, and all accompanying documentation, must be served on all counsel of record prior to filing the motion.

CRITICAL

You do not need to serve a copy on the other party when they are in default.

However, if the other party is in default, that is the only time when you do not need to send them a copy...

CRITICAL

Each defendant must be served with the Defendant’s Copy of the Notice by a nonparty age 18 or older 15 days before trial, and written proof of service must be provided to the Court.

I/We understand that it is my/our responsibility to have each Defendant served with the “Defendant’s Copy” of this Notice by a person whose age is 18 years or older and who is not a party to this action 15 days prior to the trial and to provide the Court with written proof of service. Yes or No…

CRITICAL

Applies to

Motion

Make a copy of the motion and deliver it to the Larimer County District Attorney’s office; hand delivery is suggested as an easy option.

You will make a copy of the motion and deliver it to the Larimer County District Attorney’s office (hand delivery to their office located on the 2nd floor of the Justice Center may be easiest)...

CRITICAL

For no agreement, send a copy to the other party.

send copy to other party

CRITICAL

The parties must exchange the Mandatory Disclosures and Sworn Financial Statement by the ISC and no later than 42 days after service of the Petition.

Pursuant to Rule 16.2(e)(2) the required Mandatory Disclosures and Sworn Financial Statement are to be exchanged between the parties by the time of the ISC but no later than 42 days after service of the Petition...

CRITICAL

Service occurs after you file your forms with the court and pay the filing fee.

This happens after you file your forms with the court and pay the filing fee..

CRITICAL

Counsel of record, pro se parties, and the child’s court-appointed guardian ad litem or youth counsel must be notified by phone and email that the motion was filed and a same-day hearing was requested; contacting a pro se party’s last known email and phone number is sufficient.

Parties include all counsel of record, pro se parties, and the court-appointed guardian ad litem/counsel for youth for the child(ren). For purposes Administrative Order 2023-4, parties must be notified by phone and email that an emergency motion has been filed and a request has been made to hear the motion that day. Notification is sufficient by contacting a pro se party’s last known email and phone number.

CRITICAL

Counsel and pro se parties must be notified by phone and email of the intent to seek an emergency motion no later than 9 a.m. on the requested hearing day.

By no later than 9am on the day the hearing is being requested, all counsel and pro se parties shall be notified of the intention to seek an emergency motion by phone and email.

CRITICAL

If you do not have an agreement, you may still submit the Property and Financial Agreement and/or the Parenting Plan but you would check the box that says “no agreement” then sign and file the document with the Court with a copy sent to the other party...

If you do not have an agreement, you may still submit the Property and Financial Agreement and/or the Parenting Plan but you would check the box that says “no agreement” then sign and file the document with the Court with a copy sent to the other party...

CRITICALCivil cases

Applies to

Caseworker letter or report

Service

Email

The caseworker's letter or report filed with the case must be emailed to respondent parent counsel and the guardian ad litem.

A copy of the caseworker's letter, or report, which is filed with the case must be e-mailed to the respondent parent counsel and the guardian ad litem.

CRITICAL

The certificate of service records service on the other party by hand delivery, fax, or prepaid U.S. mail addressed to the recipient.

I certify that on _____________(date) a true and accurate copy of the _____________________________ was served on the other party by: Hand Delivery, Faxed to this number_____________, or by placing it in the United States mail, postage pre-paid, and addressed to the following (include name and address):

CRITICALCriminal cases

Copies of the HIV test results must be delivered to counsel.

Copies shall be delivered to counsel.

CRITICAL

Service

Personal service to opposing party

For personal service, select the Sheriff’s Department, a private process server, or a person you know who is over 18, uninvolved in the case, and knows the service rules.

Personal Service—select the Sheriff’s Dept., a private process server or someone you know over the age of 18 who is not involved in the case and who knows the rules of service to serve the Respondent.

CRITICAL

Copies must be sent to all agencies listed in Step 3, and the certificate must state the date and method of providing them.

Certificate of Mailing - Indicate the date that you are sending copies to all agencies listed in Step 3, as well as how you are providing the copies...

CRITICAL

Waiver and Acceptance of Service may be used when the spouse is willing to accept the papers and sign the waiver.

Waiver and Acceptance of Service—This is the easiest form of service; however, your spouse must be willing to accept the papers and sign the waiver...

CRITICALCivil cases

Service

Email

A copy of the caseworker's letter or initiating police report filed with the case must be emailed to respondent parent counsel and the guardian ad litem.

A copy of the caseworker's letter or police report initiating the police hold which is filed with the case must be e-mailed to the respondent parent counsel and the guardian ad litem.

CRITICAL

The county must notify on-call respondent parent counsel and on-call guardian ad litem or counsel for youth of the filing by 9 a.m. on the filing day.

Respondent parent counsel and the guardian ad litem/counsel for youth who are on call must be notified of the filing by the county no later than 9am on the day the motion is filed.

CRITICAL

A response must be filed with the court and a copy provided to the other party.

You need to file a Response to the Petition with the court and provide the other party with a copy.

CRITICAL

If Child Support Enforcement is involved in the case, provide the agency with a copy.

If Child Support Enforcement is involved in the case, you are also required to provide the agency with a copy.

CRITICALCivil cases

The county must notify the respondent parent counsel and guardian ad litem on rotation of the new case by 9:00 a.m. on the filing day.

Respondent parent counsel and the guardian ad litem who are on rotation for the week are to be notified of the new case by the county by 9:00 a.m. on the day the case is filed.

CRITICAL

If only one party has completed and signed the document, that party must send the entire document to the other party.

If only one party has completed and signed the document, they are required to send a copy of the entire document to the other party.

CRITICAL

Provide the other party a flash drive containing video or audio at least 7 days before the court date; if mailing it, ensure it is received by then.

Video / Audio: must be provided on a flash drive to the court and a flash drive to the other party at least 7 days prior to your court date. If mailing to the other party, you must ensure that the flash drive will be Received at least 7 days prior to your court date.

CRITICAL

Once the County Attorney’s office knows it intends to file an emergency motion in a new matter, it must immediately notify the court, on-call counsel, and the child’s parents or guardians that the motion is being filed.

As soon as the County Attorney’s office knows they intend to file an emergency motion, the court, on call respondent parent counsel, on call guardian ad litem/counsel for youth, and the parents/guardians of the subject child(ren) shall immediately be notified the motion is being filed.

CRITICAL

Applies to

Motion for temporary orders

A Motion for Temporary Orders may be filed only after the Respondent has been served and proof of service has been filed with the court.

A Motion for Temporary Orders may only be filed after the Respondent has been served and proof of service filed with the court...

CRITICAL

Appropriate parties must be notified under the notice procedures in the previous sections of the Order.

Appropriate parties shall be notified pursuant to the previous sections of this Order.

CRITICAL

Service

Personal service to opposing party

The other party must be personally served with the Defendant copy of the filing.

The other party must be personally served with the Defendant copy of the filing…

CRITICAL

Service

Personal service to opposing party

The Defendant must be served at least 15 days before the trial date.

The Defendant must be served at least 15 days prior to the trial date…

CRITICAL

After service is completed, a Return of Service or Affidavit of Service must be filed with the court.

A Return of Service or Affidavit of Service must be filed with the court once service has been completed…

CRITICAL

Service

Personal service to opposing party

After receiving them by mail, personally serve the signed order, issued citation, and filed contempt motion on the other party.

Once you receive the signed order and issued citation in the mail, those documents along with a copy of the contempt motion you filed must be personally served on the other party…

CRITICAL

Any other parties involved in the case must receive a copy, regardless of their involvement with the agreement.

If any other parties are involved in the case (such as an Intervenor), you are required to provide them with a copy as well, regardless of the party’s involvement with the agreement...

CRITICAL

Service

Electronic service to all parties

The court must serve its rulings, opinions, orders, and other written communications on counsel and self-represented parties through the E-System.

All judicial rulings, opinions, orders and other written communications from the court shall be filed electronically and served on counsel and pro se parties through the E-System.

CRITICAL

File proof of service with the Court before the court date listed in the citation.

Proof of service of the documents must be filed with the Court prior to the court date in the citation…

WARNINGCriminal cases

In a Victim Rights Amendment case, the DA must be notified before any waiver so the DA can notify the victim of the sentence change.

In any Victim Rights Amendment case, the DA must be notified prior to any waiver so that the DA can comply with their mandate to notify the victim of any change in the sentence, whether or not the victim has requested notification.

WARNINGCivil cases

County representatives should notify the listed respondent parent counsel, guardian ad litem, and the court as soon as they know they intend to file a new case.

Paragraphs ( 1 ) (2) and (3) above are minimum requirements. As soon as they know they intend to file a new case county representatives should notify respondent parent counsel and the guardian ad litem who are listed for the week that the case is being filed and the court.

WARNINGCivil cases

The motion should be distributed to all counsel of record as soon as possible.

The motion should be filed and distributed to all counsel of record as soon as possible.

WARNING

The motion should be distributed to all counsel of record and pro se parties immediately upon filing.

The motion should be distributed to all counsel of record and pro se parties immediately upon filing.

WARNING

For a No Agreement form, the filer must send a copy to the other party.

Box 3 - No Agreement – Fill out based on your preferences, you must sign and send copy to other party...

WARNING

Applies to

Sworn financial statement

Do not send the Sworn Financial Statement to a party who has not filed a Response to the petition.

Don’t send the Sworn Financial Statement to the other party if that party did not file a Response to the petition...

WARNING

Service

Personal service

Personal service may be completed by law enforcement, a private process server, or a disinterested third party over age 18.

Personal service may be completed using law enforcement, a private process server, or any disinterested third party over the age of 18…

WARNINGCriminal cases

The victim must be notified of the intent to waive hours before the waiver occurs.

It is essential that the victim be notified of the intent to waive hours prior to the actual waiver.

INFOCriminal cases

When the victim has requested notification, Probation’s Victim Assistance Coordinator and the DA’s Victim Advocate should coordinate the notification.

When the victim has requested notification, the notification should be coordinated between Probation's Victim Assistance Coordinator and the DA's Victim Advocate.