Second Regular Session
              Sixty-fourth General Assembly
                    STATE OF COLORADO
                                                 INTRODUCED
                                                           
                                                           
 LLS NO. 04-0563.01 Stephen Miller       HOUSE BILL 04-1046
                    HOUSE SPONSORSHIP
 McGihon
 
                   SENATE SPONSORSHIP
 (None)
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 House Committees
 Senate Committees
 
 
 Information & Technology
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning the computation of days in determining certain
            time periods for forcible entry and detainer actions.
       
       
                           Bill Summary
       
            (Note:  This summary applies to this bill as introduced and does
       not necessarily reflect any amendments that may be subsequently
       adopted.)
       
            Clarifies that certain periods of time applicable to the appearance
       date and the service of the summons and complaint in a forcible entry and
       detainer action shall be based on "business days" instead of "days".
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  13-40-111, Colorado Revised Statutes, is amended
       to read:
            13-40-111.  Issuance and return of summons.  Upon filing the
       complaint as provided in section 13-40-110, the clerk of the court or the
       attorney for the plaintiff shall issue a summons.  The summons shall
       command the defendant to appear before the court at a place named in
       such summons and at a time and on a day which shall be not less than
       five business days nor more than ten business days from the day of
       issuing the same to answer the complaint of plaintiff.  The summons shall
       also contain a statement addressed to the defendant stating: "If you fail
       to file with the court, at or before the time for appearance specified in the
       summons, an answer to the complaint setting forth the grounds upon
       which you base your claim for possession and denying or admitting all of
       the material allegations of the complaint, judgment by default may be
       taken against you for the possession of the property described in the
       complaint, for the rent, if any, due or to become due, for present and
       future damages and costs, and for any other relief to which the plaintiff
       is entitled."
            SECTION 2.  13-40-112 (2) and (3), Colorado Revised Statutes,
       are amended to read:
            13-40-112.  Service.  (2)  If personal service cannot be had upon
       the defendant by a person qualified under the Colorado rules of civil
       procedure to serve process, after having made diligent effort to make such
       personal service, such person may make service by posting a copy of the
       summons and the complaint in some conspicuous place upon the
       premises.  In addition thereto, the plaintiff shall mail, no later than the
       next business day following the day on which he or she files the
       complaint, a copy of the summons, or, in the event that an alias summons
       is issued, a copy of the alias summons, and a copy of the complaint to the
       defendant at the premises by postage prepaid, first-class mail.
            (3)  Personal service or service by posting shall be made at least
       five business days before the day for appearance specified in such
       summons, and the time and manner of such service shall be endorsed
       upon such summons by the person making service thereof.
            SECTION 3.  Effective date - applicability.  This act shall take
       effect July 1, 2004, and shall apply to actions commenced on or after said
       date.
            SECTION 4.  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.