How to Serve Process in Colorado
(e) Personal Service. Personal service shall be as follows:
(1) Upon a natural person whose age is eighteen years or older by delivering a copy
thereof to the person, or by leaving a copy thereof at the person’s usual place of abode,
with any person whose age is eighteen years or older and who is a member of the person’s
family, or at the person’s usual workplace, with the person’s supervisor, secretary, administrative assistant,
bookkeeper, human resources representative or managing agent; or by
delivering a copy to a person authorized by appointment or by law to receive service of
process.
(2) Upon a natural person whose age is at least thirteen years and less than 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.
(3) Upon a person for whom a conservator has been appointed, by delivering a copy
thereof to such conservator.
(4) 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:
(A) An officer of any form of entity having officers, or that officer’s secretary or
assistant;
(B) A general partner of any form of partnership, or that general partner’s secretary or
assistant;
(C) 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;
(D) 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;
(E) A trustee of a trust, or that trustee’s secretary or assistant;
(F) The functional equivalent of any person described in paragraphs (A) through (E) of
this subsection (4), regardless of such person’s title, under:
(I) 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
(II) the law pursuant to which the entity is formed or which governs the operation of
the entity;
(G) 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.
(5) Repealed.
(6) Upon a municipal corporation, by delivering a copy thereof to the mayor, city
manager, clerk, or deputy clerk.
(7) Upon a county, by delivering a copy thereof to the county clerk, chief deputy, or
county commissioner.
(8 ) Upon a school district, by delivering a copy thereof to the superintendent.
(9) Upon the state by delivering a copy thereof to the attorney general.
(10) (A) Upon an officer, agent, or employee of the state, acting in an official capacity,
by delivering a copy thereof to the officer, agent, or employee, and by delivering a copy to
the attorney general.
(B) 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.
(C) 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
7 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 63 days (9 weeks) beyond the time otherwise provided by these Rules.
(11) Upon other political subdivisions of the State of Colorado, special districts, or
quasi-municipal entities, by delivering a copy thereof to any officer or general manager,
unless otherwise provided by law.
(12) Upon any of the entities or persons listed in subsections (4) through (11) of this
section (e) by delivering a copy to any designee authorized to accept service of process for
such entity or person, or by delivery to a person authorized by appointment or law to
receive service of process for such entity or person. The delivery shall be made in any
manner permitted by such appointment or law.
(f) Substituted Service. In the event that a party attempting service of process by
personal service under section (e) is unable to accomplish service, and service by publication
or mail is not otherwise permitted under section (g), the party may file a motion,
supported by an affidavit of the person attempting service, for an order for substituted
service. The motion shall state (1) the efforts made to obtain personal service and the
reason that personal service could not be obtained, (2) the identity of the person to whom
the party wishes to deliver the process, and (3) the address, or last known address of the
workplace and residence, if known, of the party upon whom service is to be effected. If the
court is satisfied that due diligence has been used to attempt personal service under section
(e), that further attempts to obtain service under section (e) would be to no avail, and that
the person to whom delivery of the process is appropriate under the circumstances and
reasonably calculated to give actual notice to the party upon whom service is to be
effective, it shall:
(1) authorize delivery to be made to the person deemed appropriate for service, and
(2) order the process to be mailed to the address(es) of the party to be served by
substituted service, as set forth in the motion, on or before the date of delivery. Service
shall be complete on the date of delivery to the person deemed appropriate for service.
(g) Other Service. Except as otherwise provided by law, service by mail or publication shall be
allowed only in actions affecting specific property or status or other proceedings in rem.
When service is by publication, the complaint need not be published with the
summons. The party desiring service of process by mail or publication under this section
(g) shall file a motion verified by the oath of such party or of someone in the party’s behalf
for an order of service by mail or publication. It shall state the facts authorizing such
service, and shall show the efforts, if any, that have been made to obtain personal service
and shall give the address, or last known address, of each person to be served or shall state
that the address and last known address are unknown. The court, if satisfied that due
diligence has been used to obtain personal service or that efforts to obtain the same would
have been to no avail, shall:
(1) Order the party to send by registered or certified mail a copy of the process
addressed to such person at such address, requesting a return receipt signed by the
addressee only. Such service shall be complete on the date of the filing of proof thereof,
together with such return receipt attached thereto signed by such addressee, or
(2) Order publication of the process in a newspaper published in the county in which
the action is pending. Such publication shall be made once each week for five successive
weeks. Within 14 days after the order the party shall mail a copy of the process to each
person whose address or last known address has been stated in the motion and file proof
thereof. Service shall be complete on the day of the last publication. If no newspaper is
published in the county, the court shall designate one in some adjoining county.
(1) Upon a natural person whose age is eighteen years or older by delivering a copy
thereof to the person, or by leaving a copy thereof at the person’s usual place of abode,
with any person whose age is eighteen years or older and who is a member of the person’s
family, or at the person’s usual workplace, with the person’s supervisor, secretary, administrative assistant,
bookkeeper, human resources representative or managing agent; or by
delivering a copy to a person authorized by appointment or by law to receive service of
process.
(2) Upon a natural person whose age is at least thirteen years and less than 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.
(3) Upon a person for whom a conservator has been appointed, by delivering a copy
thereof to such conservator.
(4) 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:
(A) An officer of any form of entity having officers, or that officer’s secretary or
assistant;
(B) A general partner of any form of partnership, or that general partner’s secretary or
assistant;
(C) 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;
(D) 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;
(E) A trustee of a trust, or that trustee’s secretary or assistant;
(F) The functional equivalent of any person described in paragraphs (A) through (E) of
this subsection (4), regardless of such person’s title, under:
(I) 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
(II) the law pursuant to which the entity is formed or which governs the operation of
the entity;
(G) 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.
(5) Repealed.
(6) Upon a municipal corporation, by delivering a copy thereof to the mayor, city
manager, clerk, or deputy clerk.
(7) Upon a county, by delivering a copy thereof to the county clerk, chief deputy, or
county commissioner.
(8 ) Upon a school district, by delivering a copy thereof to the superintendent.
(9) Upon the state by delivering a copy thereof to the attorney general.
(10) (A) Upon an officer, agent, or employee of the state, acting in an official capacity,
by delivering a copy thereof to the officer, agent, or employee, and by delivering a copy to
the attorney general.
(B) 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.
(C) 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
7 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 63 days (9 weeks) beyond the time otherwise provided by these Rules.
(11) Upon other political subdivisions of the State of Colorado, special districts, or
quasi-municipal entities, by delivering a copy thereof to any officer or general manager,
unless otherwise provided by law.
(12) Upon any of the entities or persons listed in subsections (4) through (11) of this
section (e) by delivering a copy to any designee authorized to accept service of process for
such entity or person, or by delivery to a person authorized by appointment or law to
receive service of process for such entity or person. The delivery shall be made in any
manner permitted by such appointment or law.
(f) Substituted Service. In the event that a party attempting service of process by
personal service under section (e) is unable to accomplish service, and service by publication
or mail is not otherwise permitted under section (g), the party may file a motion,
supported by an affidavit of the person attempting service, for an order for substituted
service. The motion shall state (1) the efforts made to obtain personal service and the
reason that personal service could not be obtained, (2) the identity of the person to whom
the party wishes to deliver the process, and (3) the address, or last known address of the
workplace and residence, if known, of the party upon whom service is to be effected. If the
court is satisfied that due diligence has been used to attempt personal service under section
(e), that further attempts to obtain service under section (e) would be to no avail, and that
the person to whom delivery of the process is appropriate under the circumstances and
reasonably calculated to give actual notice to the party upon whom service is to be
effective, it shall:
(1) authorize delivery to be made to the person deemed appropriate for service, and
(2) order the process to be mailed to the address(es) of the party to be served by
substituted service, as set forth in the motion, on or before the date of delivery. Service
shall be complete on the date of delivery to the person deemed appropriate for service.
(g) Other Service. Except as otherwise provided by law, service by mail or publication shall be
allowed only in actions affecting specific property or status or other proceedings in rem.
When service is by publication, the complaint need not be published with the
summons. The party desiring service of process by mail or publication under this section
(g) shall file a motion verified by the oath of such party or of someone in the party’s behalf
for an order of service by mail or publication. It shall state the facts authorizing such
service, and shall show the efforts, if any, that have been made to obtain personal service
and shall give the address, or last known address, of each person to be served or shall state
that the address and last known address are unknown. The court, if satisfied that due
diligence has been used to obtain personal service or that efforts to obtain the same would
have been to no avail, shall:
(1) Order the party to send by registered or certified mail a copy of the process
addressed to such person at such address, requesting a return receipt signed by the
addressee only. Such service shall be complete on the date of the filing of proof thereof,
together with such return receipt attached thereto signed by such addressee, or
(2) Order publication of the process in a newspaper published in the county in which
the action is pending. Such publication shall be made once each week for five successive
weeks. Within 14 days after the order the party shall mail a copy of the process to each
person whose address or last known address has been stated in the motion and file proof
thereof. Service shall be complete on the day of the last publication. If no newspaper is
published in the county, the court shall designate one in some adjoining county.
Updated on: 11/05/2023
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