Key Services- Your Denver Process Servers

Colorado Rules

Colorado Process Server Licensing Requirements

Process may be served inside or outside this state by the sheriff of the county where the service is made, or by a deputy, or by any other person over the age of eighteen years, not a party to the action.

DID YOU KNOW?

If a person to be served refuses to accept a copy of the process, service shall be sufficient if the person serving the process knows or has reason to identify the person who refuses to be served, identifies the documents being served and offers to deliver a copy of the documents to the person who refuses to be served.

Colorado Rules of Civil Procedure

Please note that lobbyists are active in the state of Colorado and laws concerning civil procedure and process serving can change. Therefore the information listed below may have been amended. For updated process serving legislation, please visit the Colorado State Legislature web site.

Rule 4. Process

Personal service shall be as follows:

Upon a natural person over the age of eighteen years by delivering a copy or copies thereof to the person, or by leaving a copy or copies thereof at the person’s usual place of abode, with any person over the age of eighteen years who is a member of the person’s family, or at the person’s usual place of business, with the person’s supervisor, secretary, managing agent, administrative assistant, bookkeeper, human resource representative; or by delivering a copy to an agent authorized by appointment or by law to receive service of process;
Upon a natural person, between the ages of thirteen years and eighteen years, by delivering a copy thereof to the person and another copy thereof to the person’s father, mother, or guardian, or if there be none in the state, then by delivering a copy thereof to any person in whose care or control the person may be; or with whom the person resides, or in whose service the person is employed; and upon a natural person under the age of thirteen years by delivering a copy to the person’s father, mother, or guardian, or if there be none in the state, then by delivering a copy thereof to the person in whose care or control the person may be.
Upon a person for whom a conservator has been appointed, by delivering a copy thereof to such conservator
Upon any form of corporation, partnership, association, cooperative, limited liability company, limited partnership association, trust, organization, or other form of entity that is recognized under the laws of this state or of any other jurisdiction, (including any such organization, association or entity serving as an agent for service of process for itself or for another entity) by delivering a copy thereof to the registered agent for service as set forth in the most recently filed document in the records of the secretary of state of this state or of any other jurisdiction, or that agent’s secretary or assistant, or one of the following:
- An officer of any form of entity having officers, OR THAT OFFICER’S SECRETARY OR ASSISTANT;
- A general partner of any form of partnership, OR THAT GENERAL PARTNER’S SECRETARY OR ASSISTANT;
- A manager of a limited liability company or limited partnership association in which management is vested in managers rather than members, OR THAT MANAGER’S SECRETARY OR ASSISTANT;
- A member of a limited liability company or limited partnership association in which management is vested in the members or in which management is vested in managers and there are no managers, OR THAT MEMBER’S SECRETARY OR ASSISTANT;
- A trustee of a trust, OR THAT TRUSTEE’S SECRETARY OR ASSISTANT;
- The functional equivalent of any person described in paragraphs (A) through (E) of this subsection (4), regardless of such person’s title, under:
- the articles of incorporation, articles of organization, certificate of limited partnership, articles of association, statement of registration, or other documents of similar import duly filed or recorded by which the entity or any or all of its owners obtains status as an entity or the attribute of limited liability, or
- the law pursuant to which the entity is formed or which governs the operation of the entity;
- If no person listed in subsection (4) of this rule can be found in this state, upon any person serving as a shareholder, member, partner, or other person having an ownership or similar interest in, or any director, agent, or principal employee of such entity, who can be found in this state, or service as otherwise provided by law.
Upon a municipal corporation, by delivering a copy thereof to the mayor, city manager, clerk, or deputy clerk of such corporation;
Upon the state by delivering a copy thereof to the attorney general, or to any employee in his office designated by him to accept service of process;
Upon a county, by delivering a copy thereof to the county clerk, chief deputy, county commissioner, or designee authorized to accept service of process;
Upon a school district, by delivering a copy thereof to the superintendent or to any other employee authorized to accept service of process;
Upon an officer, agent, or employee of the state, acting in his official capacity, by delivering a copy thereof to the officer, agent, or employee, and by delivering a copy to the attorney general, or to any employee in his office designated by him to accept service of process.
Upon a department or agency of the state, subject to suit, by delivering a copy thereof to the principal officer, chief clerk, or other executive employee thereof, and by delivering a copy to the attorney general, or any employee in his office designated by him to accept service of process.
For all purposes the date of service upon the officer, agent, employee, department, or agency shall control, except that failure to serve copies upon the attorney general within three days of service upon the officer, agent, employee, department, or agency shall extend the time within which the officer, agent, employee, department, or agency must file a responsive pleading for sixty days beyond the time otherwise provided by these rules.

Rule 45. Subpoena

Service.

(1) Time for Service. Unless otherwise ordered by the court for good cause:

(A) Subpoena for Trial or Hearing Testimony. Service of a subpoena only for testimony in a trial or hearing shall be made no later than 48 hours before the time for appearance set out in the subpoena.

(B) Subpoena for Deposition Testimony. Service of a subpoena only for testimony in a deposition shall be made not later than 7 days before compliance is required.

(C) Subpoena for Production of Documents. Service of any subpoena commanding a person to produce records or tangible things in that person's possession, custody, or control shall be made not later than 14 days before compliance is required. In the case of an expedited hearing pursuant to these rules or any statute, service shall be made as soon as possible before compliance is required.

(2) By Whom Served; How Served. Any person who is at least 18 years old and not a party may serve a subpoena. Serving a subpoena requires delivering a copy to the named person or service as otherwise ordered by the court consistent with due process. Service is also valid if the person named in the subpoena has signed a written acknowledgment or waiver of service. Service may be made anywhere within the state of Colorado.

(3) Tender of Payment for Mileage. If the subpoena requires a person's attendance, the payment for 1 day's mileage allowed by law must be tendered to the subpoenaed person at the time of service of the subpoena or within a reasonable time after service of the subpoena, but in any event prior to the appearance date. Payment for mileage need not be tendered when the subpoena issues on behalf of the state of Colorado or any of its officers or agencies.

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