2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › FORCIBLE ENTRY AND DETAINER (§§ 13-40-101 — 13-40.1-102) › Article 40 - FORCIBLE ENTRY AND DETAINER - GENERAL PROVISIONS (§§ 13-40-101 — 13-40-128) › Section 13-40-113 - Answer of defendant - additional and amended pleadings

(1)
The defendant shall file with the court, at or before the day specified for the defendant's appearance in the summons, an answer in writing. The defendant's answer must set forth the grounds on which the defendant bases the defendant's claim for possession, admitting or denying all of the material allegations of the complaint, and presenting every defense which then exists and upon which the defendant intends to rely, either by including the same in the defendant's answer or by simultaneously filing motions setting forth every such defense.
(2)
The court for good cause may permit the filing of additional and amended pleadings if it will not result in a delay prejudicial to the defendant.
(2.5)
A defendant may assert as an affirmative defense to a proceeding under this article 40 that the landlord violated or is in violation of a provision of part 5 of article
34
of title
24
.
(3)
A defendant does not waive any defense related to proper notice by filing an answer pursuant to this section. A defendant can raise a defense related to proper notice in the defendant's answer or by filing a motion prehearing. A defendant cannot raise this defense for the first time at the hearing if the defendant failed to raise it in the defendant's answer or in a prehearing motion.
(4)
After an answer is provided to the court pursuant to this section:
(a)
The court shall set a date for trial no sooner than seven, but not more than ten, days after the answer is filed, unless the defendant requests a waiver of this requirement in the defendant's answer or after filing an answer; except that a court may extend beyond ten days if either party demonstrates good cause for an extension, if the court otherwise finds justification for the extension, or if a party participating remotely pursuant to section 13-40-113.5 was disconnected and unable to reestablish connection. The requirement set forth in this subsection (4)(a) does not apply to a forcible entry and detainer petition that alleges a substantial violation, as defined in section
13-40-107.5(3)
, or terminates a tenancy pursuant to section
38-12-203(1)(f)
.
(b)
In the time after an answer is filed and before a trial occurs, the court shall order that the landlord or tenant provide any documentation relevant to the current action that either party requests pursuant to section
13-40-111(6)(b)
.
(c)
The court shall provide any party who opted to participate remotely with necessary information to facilitate such participation. The information must include a phone number and e-mail address for the court and instructions on what to do in the event remote participation is disrupted.
Amended by 2023 Ch. 415,§ 5, eff. 1/1/2024.
Amended by 2023 Ch. 402,§ 6, eff. 8/7/2023.
Amended by 2021 Ch. 349, §2, eff. 10/1/2021.
L. 1885: p. 227, § 12. R.S. 08: § 2612. C.L. § 6378. CSA: C. 70, § 13. CRS 53: § 58-1-13. L. 55: p. 406, § 2. L. 61: p. 392, § 5. C.R.S. 1963: § 58-1-13.
2023 Ch. 415, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Ch. 402, was passed without a safety clause. See Colo. Const. art. V, § 1(3).