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Colorado Process Server Service of Process in All 64 Counties, Under C.R.C.P. 4

Served 123 LLC arranges service in all 64 Colorado counties through local process servers, with up to three attempts at each address. Under C.R.C.P. 4(e)(1), papers may be delivered to the defendant personally, left at the usual place of abode with a family member 18 or older, or left at the usual workplace with a supervisor, managing agent or another person the rule lists. Rule 4(m) gives 63 days from filing to serve a district court defendant, and Rule 4(d) requires only that the server be 18 or older and not a party to the action. You receive a return under Rule 4(h): the server’s sworn or unsworn declaration of the date, place and manner of service.

Questions? Call (800) 321-2377

How Colorado Service of Process Works

  1. 1

    Upload the Papers.

    Send the summons, complaint and any other documents online at any hour, with each Colorado address where the person or company can be found.

  2. 2

    Review the Quote.

    You get a written quote with the turnaround and cost. Work begins only after you approve it.

  3. 3

    We Serve. You Get the Return.

    You receive the server’s sworn or unsworn declaration of the date, place and manner of service, as Rule 4(h)(1) calls for.

What to Have Ready

  • Home and workplace addressespapers may be left with a supervisor at the usual workplace
  • Served before filing?the complaint must then be filed within 14 days
  • Minor defendants 13 to 17the minor and a parent or guardian each get a copy

Who We Serve in Colorado

  • Individualsin person, with a family member 18 or older at home, or a supervisor at work C.R.C.P. 4(e)⁠(1)
  • Corporations and LLCsthe registered agent on file with the secretary of state, or an officer C.R.C.P. 4(e)⁠(4)
  • Defendants who refusethe server identifies them and the papers, offers a copy, then leaves it in plain view C.R.C.P. 4(k)
  • Sundays and holidaysColorado law does not bar serving process on those days C.R.S. § 24-⁠11-⁠101(2)

Colorado Service of Process Order

Request a free written quote. Each address starts in Colorado. Serving someone in another state? Change the first address’s State and we take you to that state’s page with your entries kept.

Colorado Quick Answers

Who can serve process in Colorado?
Any person 18 or older who is not a party to the action. C.R.C.P. 4(d) More
How long do I have to serve in Colorado?
63 days after the complaint is filed in district court; 26 weeks in county court. C.R.C.P. 4(m), 304(k) More
Can proof of service be an unsworn declaration?
Yes. A private server's sworn or unsworn declaration states the date, place and manner of service. C.R.C.P. 4(h)⁠(1); C.R.S. § 13-⁠27-⁠104(1) More
Map of Colorado’s 64 countiesAdams CountyAlamosa CountyArapahoe CountyArchuleta CountyBaca CountyBent CountyBoulder CountyBroomfield CountyChaffee CountyCheyenne CountyClear Creek CountyConejos CountyCostilla CountyCrowley CountyCuster CountyDelta CountyDenver CountyDolores CountyDouglas CountyEagle CountyEl Paso CountyElbert CountyFremont CountyGarfield CountyGilpin CountyGrand CountyGunnison CountyHinsdale CountyHuerfano CountyJackson CountyJefferson CountyKiowa CountyKit Carson CountyLa Plata CountyLake CountyLarimer CountyLas Animas CountyLincoln CountyLogan CountyMesa CountyMineral CountyMoffat CountyMontezuma CountyMontrose CountyMorgan CountyOtero CountyOuray CountyPark CountyPhillips CountyPitkin CountyProwers CountyPueblo CountyRio Blanco CountyRio Grande CountyRoutt CountySaguache CountySan Juan CountySan Miguel CountySedgwick CountySummit CountyTeller CountyWashington CountyWeld CountyYuma County
All 64 Colorado counties covered

Where We Serve in Colorado

64Counties Covered
Up to 3Attempts Per Address
Same-DayRush Available
NAPPSMember Since 2023

Colorado 63-Day Service Calculator

For district court cases. C.R.C.P. 4(m) runs nine weeks from the day the complaint is filed. Rule 6(a)(1) skips the filing day, and if day 63 is a Saturday, Sunday or legal holiday, the period runs to the end of the next day that is none of those.

Serve each defendant by
Enter the filing date
Legal holidays are the eleven Rule 6(a)(2) names, from New Year’s Day to Christmas, plus any weekday the court is closed. A holiday on Sunday is counted on Monday (C.R.S. § 24-11-101(2)); one on Saturday is counted on the Friday before, as in the State Court Administrator’s holiday schedules.
A planning aid, not legal advice. It does not know a local court closure, a day the Governor or President appoints later, or an order setting a different time. A good-cause showing requires the court to extend the time. County court cases have 26 weeks under Rule 304(k), and neither period applies to service in a foreign country.

Colorado Service Law, Point by Point

What a Colorado case requires for service, in district court and county court.

63 daysDistrict court time to serve after the complaint is filedC.R.C.P. 4(m)
18+Age of any non-party who may serve processC.R.C.P. 4(d)
26 weeksCounty court time to serve after filingC.R.C.P. 304(k)
… or at the person’s usual workplace, with the person’s supervisor, secretary, administrative assistant, bookkeeper, human resources representative or managing agent …
C.R.C.P. 4(e)(1)
Who may serve
Rule 4(d) asks only that the server be 18 or older and not a party to the action, and allows service by such a person anywhere in the United States or its territories; county court Rule 304(c) uses the same words. The sheriff, in person or by an undersheriff or deputy, serves the process directed to the sheriff (C.R.S. § 30-10-515), and a sheriff, marshal or similar governmental official proves service by a certified statement.
C.R.C.P. 4(d), 4(h)⁠(1); C.R.C.P. 304(c); C.R.S. § 30-⁠10-⁠515
The summons
The clerk, under the seal of the court, or the plaintiff’s attorney may sign and issue the summons; in an eviction (forcible entry and detainer) case where the plaintiff has an attorney, the attorney must sign and issue it. Except for service by publication under Rule 4(g) or when the court orders otherwise, the complaint is served with the summons. Rule 4(c)(2), the paragraph on eviction summonses, adds that a summons issued under the rule shall not be served unless its caption includes the case number assigned by the court. Rule 4(b) and (c) read as amended effective March 16, 2026.
C.R.C.P. 4(b), 4(c)
Deadline in district court
63 days (nine weeks) after the complaint is filed. If a defendant is not served in time, the court, on motion or on its own after notice to the plaintiff, must dismiss the action without prejudice against that defendant or order service within a specified time. If the plaintiff shows good cause, the court must extend the time. The 63 days do not apply to service in a foreign country.
C.R.C.P. 4(m)
Deadline and papers in county court
26 weeks after the complaint is filed, with the same dismissal, good-cause and foreign-country terms as district court. Except when service is by publication under Rule 304(f), the complaint and a blank copy of the answer form are served with the summons. In an eviction case, Rule 304(b)(2) has the plaintiff serve the eviction summons, the complaint and the blank forms it lists at least seven days before the return date.
C.R.C.P. 304(k), 304(b)
Serving before filing
An action may be commenced by serving the summons and complaint. The complaint must then be filed within 14 days after service; if it is not, the service is ineffective and void without notice. A defendant may expressly waive the 14-day requirement, and it is deemed waived when the defendant files a responsive pleading or motion without reserving the issue.
C.R.C.P. 3(a)
Individuals
Personal delivery; or leaving a copy at the person’s usual place of abode with a family member 18 or older; or at the person’s usual workplace with the person’s supervisor, secretary, administrative assistant, bookkeeper, human resources representative or managing agent; or delivery to a person authorized by appointment or by law to receive service.
C.R.C.P. 4(e)⁠(1)
Refusal
If the person refuses a copy, service is sufficient when the server knows or has reason to identify the person, identifies the documents, offers a copy and then leaves a copy in a conspicuous place.
C.R.C.P. 4(k)
Minors and conservatees
A minor aged 13 to 17 is served personally and through a parent or guardian (or, if none is in the state, the person with care or control, the person the minor lives with, or the employer); under 13, through a parent or guardian or the person with care or control. A person with a conservator is served through the conservator.
C.R.C.P. 4(e)⁠(2), (3)
Entities
The registered agent named in the latest filing with the secretary of state of Colorado or another jurisdiction, or the agent’s secretary or assistant; or an officer, general partner, manager, member or trustee as Rule 4(e)(4)(A) to (E) provides, or a functional equivalent, or that person’s secretary or assistant. If none of them can be found in Colorado, an owner, director, agent or principal employee found in the state, or service as otherwise provided by law. Under C.R.S. § 7-90-704(1), the registered agent is an agent of the entity authorized to receive service of any process, notice or demand required or permitted by law to be served on the entity.
C.R.C.P. 4(e)⁠(4); C.R.S. § 7-⁠90-⁠704(1)
Entity with no reachable agent
If an entity required to keep a registered agent has none, or the agent is not at its listed address, or the agent cannot with reasonable diligence be served, the entity may be served by registered or certified mail, return receipt requested, at its principal address. Service is perfected on the earliest of receipt, the date on a receipt signed for the entity, or five days after mailing.
C.R.S. § 7-⁠90-⁠704(2)
Government defendants
Municipalities, counties, school districts, the State, state officers and agencies, and other political subdivisions are served through the officials Rule 4(e)(6) to (11) names. For state officers and agencies, a copy also goes to the attorney general; missing that within 7 days extends the response time by 63 days.
C.R.C.P. 4(e)⁠(6)–⁠(12)
Substituted service by order
When personal service fails and mail or publication is not otherwise allowed, a party may move for substituted service, supported by an affidavit of the person who attempted service. On the findings Rule 4(f) lists, the court authorizes delivery to an appropriate person and orders the process mailed to the party on or before delivery. Service is complete on delivery.
C.R.C.P. 4(f)
Mail or publication
Except as otherwise provided by law, allowed only in actions affecting specific property or status or other proceedings in rem, on a verified motion and a due-diligence finding: certified or registered mail with a receipt signed by the addressee only, or publication once a week for five successive weeks plus a mailing within 14 days of the order (15 days in county court under Rule 304(f)(2)).
C.R.C.P. 4(g); 304(f)
Waiver of service
Service by waiver is proved by a sworn or unsworn declaration admitting or waiving service by the person served or by that person’s attorney. Under Rule 4(i), a defendant who waives service of a summons does not thereby waive any objection to venue or to the court’s jurisdiction over the defendant. A subpoena is also validly served if the person named in it signed a written acknowledgement or waiver of service (Rule 45(b)(2)).
C.R.C.P. 4(h)⁠(5), 4(i), 45(b)⁠(2)
Proof of service
Personal service: a certified statement of the sheriff, marshal or similar governmental official, or a sworn or unsworn declaration of anyone else who completed service, as to date, place and manner (county court Rule 304(g)(1) uses the same words). Mail: a declaration showing the date of mailing, with the return receipt attached where required. Publication: a declaration that includes the mailing of a copy of the process where required. Substituted service: the declaration adds that the process was also mailed and the address(es) used. An unsworn declaration is signed under penalty of perjury in substantially the form C.R.S. § 13-27-106 sets out; the Judicial Branch form JDF 98, Affidavit of Service (R: April 23, 2025), prints it.
C.R.C.P. 4(h)⁠(1), (3), (4), (6); 304(g)⁠(1); C.R.S. §§ 13-⁠27-⁠104(1), -106; JDF 98
Amending a summons or proof in county court
In county court, Rule 304(h) lets the court, at any time in its discretion and on terms it deems just, allow a summons or its proof of service to be amended, unless it clearly appears that material prejudice would result to the substantial rights of the party against whom the summons issued.
C.R.C.P. 304(h)
Outside Colorado
A defendant subject to Colorado jurisdiction may be personally served outside the state in the manner the Colorado rules prescribe, with the same effect as service in Colorado. The long-arm statute reaches claims arising from acts it lists, among them transacting business in Colorado, committing a tort there, owning, using or possessing Colorado real property, and contracting to insure a person, property or risk residing or located in Colorado at the time of contracting. A corporation that keeps an agent for process under Rule 4 is not served out of state this way. Service in a foreign country follows Rule 4(d).
C.R.S. §§ 13-⁠1-⁠124(1), 13-⁠1-⁠125; C.R.C.P. 4(d)
Sundays and holidays
C.R.S. § 24-11-101(1) declares eleven named days legal holidays, from New Year’s Day to Christmas Day and including Frances Xavier Cabrini Day on the first Monday in October, plus any day the governor or the President appoints or recommends as a day of fasting or prayer or thanksgiving. Under § 24-11-101(2), a holiday that falls on a Sunday is observed the Monday following, and nothing in the section prevents issuing or serving process on any of those days or on Sunday.
C.R.S. § 24-⁠11-⁠101
Subpoenas: who serves and how
Any person at least 18 years old and not a party may serve a subpoena, anywhere in Colorado, by delivering a copy to the named person or by service the court otherwise orders consistent with due process (C.R.C.P. 45(b)(2); C.R.S. § 13-90-115 likewise allows any non-party over 18). Proof follows Rule 4(h), and original subpoenas and their returns of service need not be filed with the court.
C.R.C.P. 45(b)⁠(2), (4); C.R.S. § 13-⁠90-⁠115
Subpoenas: timing and mileage
Unless the court orders otherwise for good cause: no later than 48 hours before the appearance time for trial or hearing testimony only; at least 7 days before compliance for deposition testimony only; at least 14 days before compliance for records or tangible things (as soon as possible before an expedited hearing). If attendance is required, 1 day’s mileage allowed by law is tendered at service or within a reasonable time after, and always before the appearance date, except on a subpoena issued for the State or its officers or agencies. C.R.S. § 13-33-103(1) sets that mileage at the base allowance for state officers and employees under § 24-9-104, for each mile actually and necessarily traveled from the witness’s residence to the place named and back.
C.R.C.P. 45(b)⁠(1), (3); C.R.S. § 13-⁠33-⁠103(1)

Rules current as of October 2026, from the official texts listed below. C.R.C.P. 3, 4, 6, 45 and 304; C.R.S. §§ 13-1-124, 13-1-125, 13-27-101 to -108, 13-33-102, 13-33-103, 13-90-115 and 13-90.5-101 to -107, 7-90-704, 30-10-515 and 24-11-101; the Colorado Judicial Branch holiday schedules for 2026 and 2027; and form JDF 98. General information, not legal advice. The official text controls.

Ways to Serve a Colorado Defendant

Colorado gives a plaintiff many paths, and Served 123 brings all of the ones below into one order: hand, home or workplace delivery, a refused copy, companies, the agentless-entity mail route, minors and public bodies, substituted service, mail or publication by order, and long-arm or foreign service. A sheriff’s service and a defendant’s waiver are what remain.

You want hand delivery to the defendant, or a copy left with a family member 18 or older at home or a listed person at work
Personal serviceServed 123
Rule 4(e)⁠(1)
The defendant will not take the papers after the server identifies them and offers a copy
Copy left in a conspicuous placeServed 123
Rule 4(k)
The defendant is a company with a registered agent, officer, partner, manager, member or trustee you can reach
Delivery to the agent or an authorized personServed 123
Rule 4(e)⁠(4)
An entity required to keep a registered agent has none, or the agent is not at its listed address or cannot with reasonable diligence be served
Registered or certified mail to the principal addressServed 123
C.R.S. § 7-⁠90-⁠704(2)
The defendant is a minor, a person with a conservator, the State, a state officer or agency, or a local government
Delivery to the person the rule namesServed 123
Rule 4(e)⁠(2), (3),
(6)–⁠(12)
Diligent attempts keep failing, and another person could give actual notice
Substituted service, by court orderServed 123
Rule 4(f)
The case affects specific property or status or is otherwise in rem
Mail or publication, by court orderServed 123
Rule 4(g)
The defendant is in another state but subject to Colorado jurisdiction, for example under the long-arm statute
Long-arm service out of stateServed 123
C.R.S. § 13-⁠1-⁠125
The defendant is in a foreign country
Internationally agreed means, the foreign law, or as the foreign authority or court directsServed 123
Rule 4(d)

Every route above, one order.

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Other routes: the sheriff and waiver (2)
Process is directed to the sheriff
Served by the sheriff, undersheriff or a deputy
C.R.S. § 30-⁠10-⁠515
The defendant waives service by a sworn or unsworn declaration, keeping objections to venue and jurisdiction
Waiver filed as proof of service
Rule 4(h)⁠(5), 4(i)

What a Colorado Proof of Service Shows

Rule 4(h)(1) proves personal service by a sheriff’s or similar official’s certified statement, or by a sworn or unsworn declaration of whoever completed service, covering the date, the place and the manner. An unsworn declaration is signed under penalty of perjury in substantially the form of C.R.S. § 13-27-106. The Judicial Branch publishes form JDF 98, Affidavit of Service, built on that declaration.

Rule 4(h) calls for items 1 to 4. Items 5 to 7 are the form of an unsworn declaration that § 13-27-106 sets out; a sworn affidavit is the other option the rule allows.

  1. 1Date, 2 place and 3 manner of service.
  2. 4Substituted service by order adds the mailing and the address(es) used, under Rule 4(h)(6).
  3. 5The declaration under penalty of perjury under Colorado law.
  4. 6Executed on the day, month and year, at a city or other location and a state or country.
  5. 7Printed name and signature of the person who served.

How It Works With Us

For law firms, in-house legal teams, government offices and self-represented parties with a Colorado case or a Colorado defendant.

  1. 1

    Upload the Papers

    Send the summons, complaint and any other documents online at any hour, with each Colorado address where the person or company can be found.

  2. 2

    Review the Quote

    You get a written quote with the turnaround and cost. Work begins only after you approve it.

  3. 3

    Up to Three Attempts

    A local server makes up to three attempts per address and logs the date, time and observations of each one.

  4. 4

    Your Return

    You receive the server’s sworn or unsworn declaration of the date, place and manner of service, as Rule 4(h)(1) calls for.

Turnaround in Colorado

Routine
First attempt in 5-7 business days. Our standard turnaround.
Preferred
First attempt in 2-3 business days. Priority over standard orders.
Next-Day
First attempt within 2 business days. For deadlines already close.
Same-Day
First attempt the same business day. Plus a same-day rush charge.

Every Order Includes

  • Up to three attempts per address (each address is a separate service)
  • Every attempt logged with its date, time and observations
  • A return under C.R.C.P. 4(h): the server’s sworn or unsworn declaration of date, place and manner of service
  • Skip tracing available for $55 if the address turns out to be bad

What You Get Back

  • Photos from each attempt
  • The date, time and place of every visit
  • A full report of the attempts if service is not made
Get a Free Quote Online →Upload your Colorado papers online, any hour.

Every Colorado County

All 64 counties are covered. Search or pick one to start a quote.

Select a countyHover, tap or search to find a county.
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Colorado Service of Process: Questions

Each answer cites the Colorado rule or statute it comes from. General information, not legal advice.

Does C.R.C.P. 4(d) require a Colorado process server to hold a license?

Rule 4(d) asks only that the server be 18 or older and not a party to the action: any such person may serve process within the United States or its territories, and county court Rule 304(c) uses the same words. The sheriff, in person or by an undersheriff or deputy, also serves the process directed to the sheriff under C.R.S. § 30-10-515, and a sheriff, marshal or similar governmental official proves service by a certified statement rather than a declaration (Rule 4(h)(1)). A subpoena may likewise be served by any person at least 18 years old who is not a party (C.R.C.P. 45(b)(2)).

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What happens under C.R.C.P. 4(m) when a Colorado defendant is not served within 63 days?

If a defendant is not served within 63 days (nine weeks) after the complaint is filed, the court, on motion or on its own after notice to the plaintiff, must dismiss the action without prejudice against that defendant or order that service be made within a specified time. If the plaintiff shows good cause for the failure, the court must extend the time for service for an appropriate period. Rule 4(m) does not apply to service in a foreign country under Rule 4(d).

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How long does C.R.C.P. 304(k) give to serve a Colorado county court defendant?

26 weeks after the complaint is filed. If a defendant is not served in that time, the court, on motion or on its own after notice to the plaintiff, must dismiss the action without prejudice against that defendant or order service within a specified time; a showing of good cause requires an extension for an appropriate period, and Rule 304(k) does not apply to service in a foreign country under Rule 304(d). Except when service is by publication under Rule 304(f), the complaint and a blank copy of the answer form are served with the summons (Rule 304(b)(1)). In an eviction case, Rule 304(b)(2) has the plaintiff serve the eviction summons, the complaint and the blank forms it lists at least seven days before the return date.

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Can a Colorado case start by serving the summons before the complaint is filed under C.R.C.P. 3(a)?

Yes. Rule 3(a) says a civil action is commenced either by filing a complaint or by serving a summons and complaint. When it starts with service, the complaint must be filed within 14 days after service; if it is not, the service of summons is deemed ineffective and void without notice. A defendant may expressly waive that 14-day requirement, and it is deemed waived when the defendant files a responsive pleading or motion to the complaint without reserving the issue.

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Who at a Colorado home or workplace can accept papers under Rule 4(e)(1)?

At the defendant’s usual place of abode, any member of the defendant’s family who is 18 or older. At the defendant’s usual workplace, the defendant’s supervisor, secretary, administrative assistant, bookkeeper, human resources representative or managing agent; Rule Change 2012(10) added the supervisor and the human resources representative to that list. Papers may also be delivered to a person authorized by appointment or by law to receive service of process.

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How is a minor served under C.R.C.P. 4(e)(2), and does age 13 change it?

Age 13 is the dividing line. A minor at least 13 and under 18 is handed a copy, and another copy goes to the minor’s father, mother or guardian; if none of them is in the state, that copy goes to a person who has care or control of the minor, with whom the minor resides, or in whose service the minor is employed. A child under 13 is served by delivering a copy to the father, mother or guardian or, if none is in the state, to the person who has care or control of the child. A person for whom a conservator has been appointed is served through the conservator (Rule 4(e)(3)).

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What does C.R.C.P. 4(k) require when someone in Colorado refuses the papers?

Service is sufficient if the person serving knows or has reason to identify the person who refuses to be served, identifies the documents being served, offers to deliver a copy of them to that person, and thereafter leaves a copy in a conspicuous place. All four steps are part of the rule.

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What does C.R.S. § 7-90-704(2) allow when a Colorado entity’s registered agent cannot be served?

If an entity required to maintain a registered agent has none, the agent is not located under its registered agent name at its registered agent address, or the agent cannot with reasonable diligence be served, the entity may be served by registered mail or by certified mail, return receipt requested, addressed to the entity at its principal address. Service is perfected at the earliest of the date the entity receives the process, the date on a return receipt signed on behalf of the entity, or five days after mailing. Section 7-90-704(3) says the section is not the only means of serving an entity, and under C.R.C.P. 4(e)(4)(G), if no person listed in Rule 4(e)(4) can be found in Colorado, a shareholder, member, partner or other owner, or a director, agent or principal employee found in the state may be served, or service made as otherwise provided by law.

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What must a Colorado motion for substituted service under C.R.C.P. 4(f) show?

The motion is open when personal service under Rule 4(e) cannot be accomplished and mail or publication is not otherwise permitted under Rule 4(g). It is supported by an affidavit of the person who attempted service and states (1) the efforts made and why personal service could not be obtained, (2) the person the party wants to deliver the process to, and (3) the address, or last known address, of the workplace and residence of the party to be served, if known. If the court is satisfied that due diligence was used, that further attempts would be to no avail, and that delivery to that person is appropriate and reasonably calculated to give actual notice, it authorizes the delivery and orders the process mailed to the address(es) in the motion on or before the date of delivery. Service is complete on delivery, and the proof adds the mailing and the address(es) used (Rule 4(h)(6)).

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Can a Colorado return of service be an unsworn declaration under C.R.S. § 13-27-104?

Yes. Rule 4(h)(1) accepts a sworn or unsworn declaration by the person who completed service as to date, place and manner of service. Under C.R.S. § 13-27-104(1), where a Colorado law requires or permits a sworn declaration in a court proceeding, an unsworn declaration meeting article 27 has the same effect (subsection (2) excludes a few uses, such as a deposition or an oath of office); it is a signed record given under penalty of perjury rather than under oath. Section 13-27-106 gives the form, to be followed in substance: the statement “I declare under penalty of perjury under the law of Colorado that the foregoing is true and correct,” the day, month and year and the city or other location and state or country where it was executed, then the printed name and signature. The 2020 comment to Rule 4 confirms such a declaration is sufficient to prove service, and the Judicial Branch form JDF 98, Affidavit of Service (R: April 23, 2025), prints it.

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How far ahead must a C.R.C.P. 45 subpoena be served, and what mileage goes with it?

Unless the court orders otherwise for good cause, Rule 45(b)(1) sets three periods: a subpoena only for trial or hearing testimony is served no later than 48 hours before the appearance time it sets; one only for deposition testimony, at least 7 days before compliance is required; one commanding production of records or tangible things, at least 14 days before compliance, or as soon as possible before an expedited hearing. If the subpoena requires attendance, Rule 45(b)(3) requires payment for 1 day’s mileage allowed by law to be tendered at service or within a reasonable time after, and in any event before the appearance date; none is needed when the subpoena issues on behalf of the State of Colorado or its officers or agencies. C.R.S. § 13-33-103(1) gives witnesses the base mileage allowance that state officers and employees receive under § 24-9-104, for each mile actually and necessarily traveled from their residence to the place named in the subpoena and back. A witness in a court of record called only to give an opinion founded on special study or experience, or to make scientific or professional examinations, receives compensation fixed by the court (C.R.S. § 13-33-102(4)).

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Where is an out-of-state subpoena submitted under C.R.S. § 13-90.5-103, and how far can a Colorado witness be made to travel?

To the district court for the county in which discovery is sought to be conducted in Colorado; the request is not an appearance in Colorado courts. The clerk, following that court’s procedure, promptly issues a Colorado subpoena that incorporates the terms of the foreign subpoena and contains or is accompanied by the names, addresses and telephone numbers of all counsel of record and of any party not represented by counsel. Under § 13-90.5-104 it must be served in compliance with § 13-90-115, C.R.C.P. 45 and any other applicable Colorado statutes or rules. For a deposition, Rule 45(e)(1) lets a Colorado resident be required to attend only in the county where the witness resides, is employed or transacts business in person, or at another convenient place fixed by court order; under Rule 45(e)(2), a nonresident may be required to attend only within forty miles of the place of service in Colorado, in the county where the nonresident resides, is employed or transacts business in person, or at another convenient place fixed by court order. The Uniform Interstate Depositions and Discovery Act is C.R.S. §§ 13-90.5-101 to -107.

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