Weld County District Court Service and Proof of Service Rules

WARNING

Applies to

Incident checklist

The incident checklist may be kept or filed with the complaint; if filed, it becomes part of the public record and is served on the respondent with the complaint.

WARNING: This form is provided to help you prepare for your hearing. You may keep it or you may file it with your complaint. IF YOU DO FILE IT, IT WILL BECOME A PART OF THE PUBLIC RECORD AND WILL BE SERVED ON THE RESPONDENT AS A PART OF THE COMPLAINT.

WARNINGCriminal cases

The Weld County Voluntary Promise to Appear procedure does not require personal service or service by certified mail on the juvenile’s parent, guardian, or legal custodian.

The primary differences include the Voluntary Promise to Appear used in Weld County does not require personal service or by certified mail upon a juvenile’s parent, guardian, or legal custodian, and the Voluntary Promise to Appear form is neither a charging document nor a legally binding document.

WARNINGCivil cases

Written court orders should be distributed to all parties at the conclusion of each hearing.

Distribution of written court orders to all parties at the conclusion of each hearing.

WARNINGCivil cases

Applies to

Notice of continued summons return

Failure to serve and file the continued-return notice may prejudice the Plaintiff and may prevent judgment from being granted.

Failure to serve and file a notice may prejudice the plaintiff; judgment may not be granted.

WARNINGCivil cases

Applies to

Written order

Service

Electronic service

Written orders other than default judgments will be served through the e-filing system.

For orders other than a default judgment, the court will issue a written order which will be served through the efiling system.

WARNINGCivil cases

The court must order service on parties who have not yet been served.

Order service on parties who have not been served.

WARNINGCivil cases

Applies to

Informational notice

An informational notice substantially similar to Attachment A should be served with each summons and complaint in the specified cases.

An informational notice in a form substantially similar to Attachment A should be served with each summons and complaint in County Court civil “money” cases and actions to enforce restrictive covenants.

WARNING

Applies to

Complaint

Service

Mail

A complaint may be served by certified mail with return receipt, though the handout warns that this usually does not work.

The Rules for Small Claims give permission to mail the complaint by certified mail with return receipt. This usually doesn’t work.

INFO

Applies to

Promise to appear

After agreement with the District Attorney’s Office, a law enforcement officer may serve a written Promise to Appear on the juvenile and the juvenile’s parent, guardian, or legal custodian for a misdemeanor or petty-offense delinquent act as an alternative to temporary custody.

LAW ENFORCEMENT AGENCIES MAY USE A PROMISE TO APPEAR (PTA) TO INITIATE CERTAIN DELINQUENCY PROCEEDINGS AFTER AGREEMENT WITH THE OFFICE OF THE DISTRICT ATTORNEY FOR THE NINETEENTH JUDICIAL DISTRICT. In accordance with C.R.S. §19-2.5-303(5), a law enforcement officer may serve a written Promise to Appear for juvenile proceedings based on any delinquent act that would constitute a misdemeanor or petty offense upon the juvenile and the juvenile’s parent, guardian or legal custodian as an alternative to taking a juvenile into temporary custody.

INFO

Applies to

Complaint

Service

Personal service

The handout recommends personal service on the defendant by someone at least 18 who is not a party.

The better way is to have someone who is 18 or older and not a party to the action personally serve the defendant.