2022 Colorado Code
Title 13 - Courts and Court Procedure
Article 40 - Forcible Entry and Detainer - General Provisions
§ 13-40-113. Answer of Defendant - Additional and Amended Pleadings

Universal Citation: CO Code § 13-40-113 (2022)
  1. The defendant shall file with the court, at or before the day specified for the defendant's appearance in the summons, an answer in writing. The defendant's answer must set forth the grounds on which the defendant bases the defendant's claim for possession, admitting or denying all of the material allegations of the complaint, and presenting every defense which then exists and upon which the defendant intends to rely, either by including the same in the defendant's answer or by simultaneously filing motions setting forth every such defense.
  2. The court for good cause may permit the filing of additional and amended pleadings if it will not result in a delay prejudicial to the defendant.
  3. A defendant does not waive any defense related to proper notice by filing an answer pursuant to this section. A defendant can raise a defense related to proper notice in the defendant's answer or by filing a motion prehearing. A defendant cannot raise this defense for the first time at the hearing if the defendant failed to raise it in the defendant's answer or in a prehearing motion.
  4. After an answer is provided to the court pursuant to this section:
    1. The court shall set a date for trial no sooner than seven, but not more than ten, days after the answer is filed, unless the defendant requests a waiver of this requirement in the defendant's answer or after filing an answer; except that a court may extend beyond ten days if either party demonstrates good cause for an extension or if the court otherwise finds justification for the extension. The requirement set forth in this subsection (4)(a) does not apply to a forcible entry and detainer petition that alleges a substantial violation, as defined in section 13-40-107.5 (3), or terminates a tenancy pursuant to section 38-12-203 (1)(f).
    2. In the time after an answer is filed and before a trial occurs, the court shall order that the landlord or tenant provide any documentation relevant to the current action that either party requests pursuant to section 13-40-111 (6)(b).

Source: L. 1885: p. 227, § 12. R.S. 08: § 2612. C.L. § 6378. CSA: C. 70, § 13. CRS 53: § 58-1-13. L. 55: p. 406, § 2. L. 61: p. 392, § 5. C.R.S. 1963: § 58-1-13. L. 2021: Entire section amended, (SB 21-173), ch. 349, p. 2263, § 2, effective October 1.

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