Trial Procedures
The trial must be set within five business days of when your tenant files an Answer. If a request is made for the trial to be held more than five business days from that date, then the court may require that a bond is posted to compensate the other party for any damages caused by the delay in the trial. For more information on delays in the trial, read Colorado Revised Statutes § 13-40-114 (see below for a link to the law).
At the trial, you must prove your case by a preponderance of the evidence (or that it is more than 50% likely), and the defendant must prove any counterclaim in the same way. The court must decide two parts of each case: (1) possession of the property and (2) any money issues. Possession is usually decided by the judge before any money issues are determined.
When you show up to court on your trial date, you will need to check in with the clerk (or secretary) in the courtroom. You must wait for your case to be called and then will move to tables at the front of the courtroom to talk to the judge. You will have the opportunity to present your case to the judge, including asking your witnesses questions and testifying yourself. Your tenant will also be able to ask your witnesses questions. When you are done presenting your case, your tenant will have the opportunity to present his or her defense, including his or her witnesses. Any documents or other evidence accepted by the court will be marked as exhibits (if you do not mark them before the trial). Once all of the evidence has been presented, the judge will usually tell you his or her decision from the bench.
Link to Law
Delay in Trial
Colorado Revised Statutes § 13-40-114
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