Colorado Motion for Summary Judgment
Colorado ties the summary judgment clock to the trial date rather than a hearing date: any motion must be filed no later than 91 calendar days before trial, the response is due 21 calendar days after filing, and the reply is due 14 calendar days after that, all under Rule 56, which lets the court decide the motion on the papers without a hearing.
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Introduction
In Colorado, a motion for summary judgment has no separate notice-before-hearing period, because Colorado Rule of Civil Procedure 56(c) lets the court decide the motion on the papers without oral argument. Instead, the operative deadlines run from the filing of the motion itself: any motion for summary judgment must be filed no later than 91 calendar days (13 weeks) before the trial date, and a cross-motion for summary judgment must be filed no later than 70 calendar days (10 weeks) before trial (Colo. R. Civ. P. 56(a), (b), (c)). Once the motion is filed, the responding party has 21 calendar days after the filing of the motion to file a responsive brief, or, if the motion is filed 42 calendar days or less before the trial date, only 14 calendar days to respond; the moving party then has 14 calendar days after the filing of the responsive brief to file a reply brief, longer than the 7 days generally allowed for most other motions (Colo. R. Civ. P. 121, section 1-15(1)(b), (c)). All of these periods are calendar days: every day counts, including weekends and holidays, once the triggering day is excluded, and a deadline moves to the next court day only if it falls on a weekend or legal holiday (Colo. R. Civ. P. 6(a)(1)). Unlike some states, Colorado does not add extra days to any of these deadlines for mailed or other non-personal service. Summary judgment is granted only if the pleadings, depositions, answers to interrogatories, admissions, and any affidavits on file show there is no genuine issue as to any material fact and the moving party is entitled to a judgment as a matter of law (Colo. R. Civ. P. 56(c)). A claiming party may not move for summary judgment until 21 days after the action was commenced, or after the adverse party has filed its own summary judgment motion, though a defending party faces no such waiting period and may move for summary judgment even before filing an answer (Colo. R. Civ. P. 56(a), (b)). The motion must incorporate its legal authority directly into the motion text, since a Rule 56 motion may not be filed with a separate brief, and it must be accompanied by a proposed order in an editable format; any supporting affidavits must be made on personal knowledge and set out facts that would be admissible in evidence (Colo. R. Civ. P. 121, section 1-15(1)(a), (10); Colo. R. Civ. P. 56(e)). Unlike some states, Colorado does not require a separate statement of undisputed material facts, and a motion or response is limited to 25 pages, with a reply limited to 15 pages, not counting the caption, signature block, certificate of service, or attachments (Colo. R. Civ. P. 121, section 1-15(1)(a)). Colorado has no Texas-style no-evidence motion, but partial summary judgment is built directly into Rule 56 itself: subsections (a) and (b) authorize judgment on all or any part of a claim, and Rule 56(d) governs what happens when the case is not fully resolved on the motion. A related but narrower device, a motion for determination of a question of law under Rule 56(h), lets a party get a binding ruling on a discrete legal question without disposing of an entire claim; effective January 1, 2026, an (h) motion must also be filed no later than 91 calendar days (13 weeks) before the trial, replacing the prior rule that let it be filed at any time after the last required pleading. Both the moving party and the party who was served with the motion need to track these deadlines: Colorado's general motion practice treats an unopposed motion as confessed, but that rule does not apply to a motion for summary judgment, so a motion is not automatically granted just because no response is filed; the court must still find no genuine issue as to any material fact before entering judgment (Colo. R. Civ. P. 56(e); Colo. R. Civ. P. 121, section 1-15(3)). Summary judgment is technical and is often lost on procedure rather than the merits, and attorney review is available before filing or responding. This page covers a civil motion for summary judgment in a Colorado state trial court under Rule 56. It does not cover a motion to dismiss, a motion to set aside a default judgment, or a motion for summary judgment in federal court, which follows Federal Rule of Civil Procedure 56 rather than Colorado's rule.
Key Things to Know
- 1
Colorado ties its summary judgment deadlines to the trial date, not a hearing date: any motion must be filed no later than 91 calendar days before trial, a cross-motion no later than 70 calendar days before trial, and the response is due 21 calendar days after the motion is filed, with a 14-calendar-day reply after that, all under Rule 56 and Colo. R. Civ. P. 121, section 1-15(1)(b), (c).
- 2
If you were served with a Colorado motion for summary judgment, your response is due 21 calendar days after the motion was filed, or only 14 calendar days if the motion was filed 42 calendar days or less before the trial date; your response should include any opposing affidavits or other Rule 56(e) evidence (Colo. R. Civ. P. 121, section 1-15(1)(b); Colo. R. Civ. P. 56(e)).
- 3
A Colorado motion for summary judgment is not automatically granted just because no response is filed. Colorado's general rule that an unopposed motion is deemed confessed does not apply to a Rule 56 motion; the court must still find no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law (Colo. R. Civ. P. 56(e); Colo. R. Civ. P. 121, section 1-15(3)).
- 4
Summary judgment requires a showing that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law, using Colorado's own wording rather than the current federal phrasing (Colo. R. Civ. P. 56(c)).
- 5
The motion must incorporate its legal argument directly into the motion text rather than a separate brief, be accompanied by a proposed order in editable format, and stay within a 25-page limit for a motion or response and 15 pages for a reply; unlike some states, Colorado does not require a separate statement of undisputed material facts (Colo. R. Civ. P. 121, section 1-15(1)(a), (10)).
- 6
Under Rule 56(c), a Colorado summary judgment motion may be determined without oral argument, and there is no Texas-style no-evidence motion. Partial summary judgment is built into Rule 56(a) and (b) themselves, and a narrower motion for determination of a question of law under Rule 56(h) must, effective January 1, 2026, also be filed no later than 91 calendar days (13 weeks) before the trial (Colo. R. Civ. P. 56(c), (h)).
- 7
This page covers a motion for summary judgment in a Colorado state trial court only. It does not cover a motion to dismiss, a motion to set aside a default judgment, or a motion for summary judgment in federal court, which follows Federal Rule of Civil Procedure 56 rather than Colorado's rule.
Key decisions before you file
Before you file a Motion for Summary Judgment in Colorado, a few decisions shape the document: which option to choose and what each one means. The Motion for Summary Judgment guide walks through them.
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Colorado Requirements for Motion for Summary Judgment
91-Day Filing Deadline Before Trial
Any motion for summary judgment must be filed no later than 91 calendar days (13 weeks) before the trial date, tying the summary judgment filing deadline to trial rather than to a hearing date (Colo. R. Civ. P. 56(c)).
70-Day Cross-Motion Filing Deadline
A cross-motion for summary judgment must be filed no later than 70 calendar days (10 weeks) before the trial date (Colo. R. Civ. P. 56(c)).
21-Day Response Deadline After Filing
The responding party has 21 calendar days after the filing of the motion to file a responsive brief, or only 14 calendar days if the motion is filed 42 calendar days or less before the trial date (Colo. R. Civ. P. 121, section 1-15(1)(b)).
14-Day Reply Deadline, Longer Than Ordinary Motions
The moving party has 14 calendar days after the filing of the responsive brief to file a reply brief on a Rule 56 motion, compared with the 7 days generally allowed for most other motions (Colo. R. Civ. P. 121, section 1-15(1)(c)).
No Hearing Required
Colo. R. Civ. P. 56(c) allows the court to determine a motion for summary judgment without oral argument, so there is no separate notice-before-hearing period to calculate (Colo. R. Civ. P. 56(c)).
No Separate Statement of Undisputed Material Facts
Unlike some states, Colorado does not require a standalone separate statement. The undisputed material facts and legal argument must be incorporated directly into the motion itself, which may not be filed with a separate brief (Colo. R. Civ. P. 121, section 1-15(1)(a)).
25-Page Motion Limit, 15-Page Reply Limit
A motion or responsive brief under Rule 56 is limited to 25 pages, and a reply brief to 15 pages, not counting the caption, signature block, certificate of service, or attachments (Colo. R. Civ. P. 121, section 1-15(1)(a)).
Proposed Order in Editable Format Required
The motion must be accompanied by a proposed order in an editable format (Colo. R. Civ. P. 121, section 1-15(10)).
Rule 56(h) Question of Law Now Tied to the 91-Day Deadline
Effective January 1, 2026, a motion for determination of a question of law under Rule 56(h) must be filed no later than 91 calendar days (13 weeks) before the trial, replacing the earlier rule allowing it to be filed at any time after the last required pleading (Colo. R. Civ. P. 56(h)).