As amended through Rule Change 2024(18), effective October 2, 2024
Rule 312.5 - Defenses, Objections, and Responses in Forcible Entry and Detainer Cases - When and How. - by Pleading or Motion(a) Responsive Pleadings; When Presented. The defendant shall file an answer including any counterclaim or cross-claim on or before, and shall appear in court at, the date and time as fixed in the summons, or such other date as fixed by the court.(b) Motions. A defendant may file a motion setting forth defenses simultaneously with the defendant's answer. All other motions, except for motions arising at trial, must be filed at least three days before the earlier of the date of any pretrial conference or the trial date.(c) Waiver of Defenses. A party waives all defenses and objections which are not raised either by motion or in his answer except that the defense of lack of jurisdiction of the subject matter may be made at any time.(d) Motion for Judgment on the Pleadings. At any time after the last pleading is filed, but within such time as not to delay the trial, any party may move for judgment on the pleadings. A party shall not submit matters outside the pleadings in support of the motion.(e) Tender of Full Payment. A landlord who provides a tenant with proper notice of nonpayment shall accept payment of the tenant's full payment of all amounts due according to the notice, as well as any rent that remains due under the rental agreement, at any time until a judge issues a judgment for possession pursuant to C.R.S. § 13-40-115(1) or (2). A tenant may pay this amount to either the landlord or to the court. Once a court has confirmation that the full amount has been timely paid, the court shall (1) vacate any judgments that have been issued; and (2) dismiss the action with prejudice.Adopted by the Court, En Banc, October 13, 2021, effective 10/13/2021; amended and adopted by the Court, En Banc, May 2, 2024, effective 5/2/2024, effective immediately.