NOTE: The governor signed this measure on 4/21/2016.
      
      
      HOUSE BILL 16-1258
      
      
      BY REPRESENTATIVE(S) Melton, Salazar;
      also SENATOR(S) Lundberg, Woods.
      
      
      Concerning the posting by court clerks of process when a
           respondent is served by publication.
       
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  In Colorado Revised Statutes, 14-10-107, amend (4)
      (a) as follows:
      
           14-10-107.  Commencement - pleadings - abolition of existing
      defenses - automatic, temporary injunction - enforcement. (4) (a)  Upon
      the commencement of a proceeding by one of the parties, or by a legal
      guardian or conservator of one of the parties, the other party shall be
      personally served in the manner provided by the Colorado rules of civil
      procedure, and he or she may file a response in accordance with such rules;
      except that, upon motion verified by the oath of the party commencing the
      proceeding or of someone in his or her behalf for an order of publication
      stating the facts authorizing such service, and showing the efforts, if any,
      that have been made to obtain personal service within this state, and giving
      the address or last-known address of each person to be served or stating
      that his or her address and last-known address are unknown, the court shall
      hear the motion ex parte and, if satisfied that due diligence has been used
      to obtain personal service within this state or that efforts to obtain the same
      would have been to no avail, shall order one publication of a consolidated
      notice in a newspaper published or having general circulation in the county
      in which the proceeding is filed, notwithstanding the provisions of article
      70 of title 24, C.R.S. A consolidated notice shall be published at least once
      during a calendar month and shall list the proceedings filed subsequent to
      those named in the previously published consolidated notice, stating as to
      each proceeding the names of the parties, the action number, the nature of
      the action, that a copy of the petition and summons may be obtained from
      the clerk of the court during regular business hours, and that default
      judgment may be entered against that party upon whom service is made by
      such notice if he or she fails to appear or file a response within thirty-five
      days after the date of publication. Costs of publication of a consolidated
      notice may be assessed pro rata to each of the proceedings named in the
      notice; except that, if a party is indigent or otherwise unable to pay such
      publication costs, the costs shall be paid by the court from funds
      appropriated for the purpose. Service shall be complete upon such
      publication, and a response or appearance by the party served by
      publication under this subsection (4) shall be made within thirty-five days
      thereafter, or default judgment may be entered. No later than the day of
      publication, the clerk of the court shall also post for thirty-five consecutive
      days a copy of the process on a bulletin board in his or her office and may
      post it on the website of the district court in which the case was
      filed and shall mail a copy of the process to the other party at his or her
      last-known address, and shall place in the file of the proceeding his or her
      certificate of posting and mailing. Proof of publication of the consolidated
      notice shall be by placing in the file a copy of the affidavit of publication,
      certified by the clerk of the court to be a true and correct copy of the
      original affidavit on file in the clerk's office.
      
           SECTION 2.  Safety clause. The general assembly hereby finds,
      determines, and declares that this act is necessary for the immediate
      preservation of the public peace, health, and safety.
      
      
      
      
      ________________________________________________________
      Dickey Lee Hullinghorst                Bill L. Cadman
      SPEAKER OF THE HOUSE                     PRESIDENT OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
      
      
      ____________________________  ____________________________
      Marilyn Eddins                            Effie Ameen
      CHIEF CLERK OF THE HOUSE                 SECRETARY OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO