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Colorado Proof of Service

Colorado lets any adult non-party serve a civil summons with no process-server license or registration, but service must happen within 63 days of filing and proof is normally an unsworn declaration under penalty of perjury, not a notarized affidavit.

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Introduction

Colorado has no license, registration, or bond requirement for private process servers. Under C.R.C.P. 4(d), any person 18 or older who is not a party may serve the summons and complaint; a party cannot serve their own summons. A sheriff or marshal may also serve and prove it with a certified statement instead of a declaration. Self-help forms JDF 98 and JDF 70 are not mandated by C.R.C.P. 4 or 5, so a separate proof with the same facts works. Rule 4(h), amended in 2020 to implement the Uniform Unsworn Declarations Act, lets a private server sign an unsworn declaration under penalty of perjury, not a notarized affidavit. Delivery to a family member 18 or older at home, or to a supervisor at work, counts as personal service under Rule 4(e), not a lesser substituted method. Ordinary mail alone never serves a summons. Mail or publication under Rule 4(g) applies only in actions affecting specific property or status or other proceedings in rem, and needs a court order on a verified motion showing diligence, and mail must be registered or certified with a signed return receipt filed as proof. A defendant must be served within 63 days after filing, or the court must dismiss that defendant without prejudice absent good cause. The civil rules set no separate day count for filing the proof beyond that window. Later papers are served under Rule 5 by hand, by mail, or by written consent, and a certificate of service is filed within a reasonable time. Federal, foreign, and government service follow separate rules not covered here. Attorney review is available before you file.

Key Things to Know

  1. 1

    Any person 18 or older who is not a party to the case may serve the summons and complaint, and Colorado has no process-server license, registration, or bond requirement of any kind (C.R.C.P. 4(d)). The self-help form JDF 98, Affidavit of Service, is not mandated by Rule 4, so a separate proof with the same facts also works; if the issuing court requires its own version, that court's form controls.

  2. 2

    A party to the case cannot serve their own summons. A sheriff, marshal, or similar official may serve instead and prove it with a certified statement, which C.R.C.P. 4(h) treats differently from the sworn or unsworn declaration required of a non-officer server.

  3. 3

    Colorado does not require a notarized affidavit. Rule 4(h), amended in 2020 to implement the Uniform Unsworn Declarations Act that Colorado adopted by statute in 2018 (C.R.S. § 13-27-101 et seq.), lets any non-officer server sign an unsworn declaration under penalty of perjury instead; JDF 98 has no notary block at all.

  4. 4

    Delivery to the person, to a family member 18 or older at the person's usual home, or to a supervisor or similar recipient at the person's workplace, all count as ordinary personal service under Rule 4(e)(1), not a separate substituted-service category requiring a follow-up mailing.

  5. 5

    Ordinary mail alone is never valid to serve a summons. Rule 4(g) permits mail only in actions affecting specific property or status or other proceedings in rem, only after a court order granted on a verified motion showing diligence, and only by registered or certified mail with a signed return receipt filed as proof.

  6. 6

    A defendant must be served within 63 days (nine weeks) after the complaint is filed, or the court must dismiss the claim against that defendant without prejudice, on motion or on its own, unless the plaintiff shows good cause for more time (C.R.C.P. 4(m)).

  7. 7

    The Colorado civil rules set no separate day count for filing the affidavit of service beyond the 63-day service window itself. For later papers, C.R.C.P. 5(d) requires a certificate of service to be filed within a reasonable time after service; the self-help form JDF 70 may be used but is not mandated.

Key decisions before you file

Before you file a Proof of Service in Colorado, a few decisions shape the document: which option to choose and what each one means. The Proof of Service guide walks through them.

Open the Proof of Service guide

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Colorado Requirements for Proof of Service

  • No Process-Server License Required

    Any person 18 or older who is not a party to the case may serve a Colorado summons and complaint, with no statewide process-server license, registration, or bond requirement (C.R.C.P. 4(d)).

  • Party Barred From Serving the Summons

    A party to the case cannot serve their own summons. A sheriff, marshal, or similar official may serve instead and proves it with a certified statement, distinct from the declaration a non-officer server must sign (C.R.C.P. 4(d), (h)).

  • Unsworn Declaration Replaces the Notarized Affidavit

    C.R.C.P. 4(h), amended in 2020 to implement the Uniform Unsworn Declarations Act that Colorado adopted by statute in 2018 (C.R.S. § 13-27-101 et seq.), lets a non-officer server sign an unsworn declaration under penalty of perjury instead of a notarized affidavit; JDF 98 contains no notary block.

  • Abode and Workplace Delivery Count as Personal Service

    Delivery to a family member 18 or older at the person's home, or to a supervisor or similar recipient at the person's workplace, is classified as personal service under C.R.C.P. 4(e)(1), not a separate substituted-service category needing a follow-up mailing.

  • Mail Alone Never Serves a Summons

    Rule 4(g) permits mail service of a summons only in actions affecting specific property or status or other proceedings in rem, only under a court order granted on a verified motion showing diligence, and only by registered or certified mail with a signed return receipt filed as proof.

  • 63-Day Time to Serve With Dismissal

    A defendant must be served within 63 days (nine weeks) after the complaint is filed, or the court must dismiss the claim against that defendant without prejudice unless the plaintiff shows good cause for more time (C.R.C.P. 4(m)).

  • No Rule-Set Deadline to File the Initial Proof

    The Colorado civil rules set no separate day count for filing the affidavit of service beyond the 63-day service window itself (C.R.C.P. 4(m)).

  • JDF 98 Affidavit of Service Is Optional, Not Mandatory

    Colorado's self-help form JDF 98, Affidavit of Service, is not named or required anywhere in C.R.C.P. 4, so a separate proof stating the same facts also satisfies the rule, unless the issuing court requires its own version, which then controls.

  • Certificate of Service for Later Papers

    C.R.C.P. 5(d) requires a certificate of service to be filed within a reasonable time after later papers are served on the opposing attorney or self-represented party; the self-help form JDF 70 may be used but is not mandated.

Frequently Asked Questions