Trial Procedures
The trial must be set within five business days of when you file 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 be 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 link to law).
At the trial, the landlord must prove his or her case by a preponderance of the evidence (or that it is more than 50% likely), and you must prove any counterclaim in the same way. Generally, 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. Your landlord will first present his or her case, including witnesses to which you can also ask questions. You will then have the opportunity to present your defenses and any counterclaim to the judge by asking your witnesses questions and testifying yourself, if you would like 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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