Evidence, Witnesses and Subpoenas

For eviction cases, there is generally no pre-trial discovery, meaning you cannot obtain your landlord’s documents or statements from witnesses prior to the trial date. You must come to your trial date prepared with all of your documents, photographs, recordings, and witnesses.

Witnesses

Any witnesses with personal knowledge who could help you prove your defense or counterclaim should be brought with you to your trial date. It is important for the witness to be present in court so that he or she can be asked questions by your landlord and his or her credibility can be judged. Testimony of an expert witness, or someone with specialized knowledge or experience, may also be helpful in proving your case.

Subpoenas

If a witness will not voluntarily come to court with you or if you need documents or other items that another person has, you may want to have the court issue a Subpoena and have it served on the witness. A Subpoena to Appear only requires the witness to appear and give his or her testimony at the trial. A Subpoena to Appear and Produce requires the witness to appear and produce any materials you list on the Subpoena. If you would like the witness to bring something with them to court, it is important that you are as specific as possible in listing exactly what you want from him or her. Any Subpoena will need to be issued (stamped and signed) by the court, and you will have to have it personally served on the witness at least 48 hours before the trial date. A mileage check must usually be served on the witness along with the Subpoena. Read Colorado County Court Rule of Civil Procedure 345 for more information on issuing subpoenas, Colorado County Court Rule of Civil Procedure 304 on personal service, and Colorado Revised Statutes 13-33-103 on mileage checks. (See below for links to laws.)

Other Evidence

Besides witness testimony, you may submit any documents, recordings, photographs, or items as exhibits to the court. Emails, text messages, and photos should be printed in hard copy so the court can keep them. If you would like to use a video recording, you must bring the equipment to play the video and submit a copy of it to the court. Summaries and calculations of damages are very helpful. You should bring at least three copies of each exhibit, one for you, one for the defendant, and one for the court. It is often helpful to have a fourth copy for witnesses to look at as they are testifying. It is recommended that you organize and number or letter your exhibits before coming to court.