2008(5) RULE CHANGE - THE COLORADO RULES OF CIVIL PROCEDURE - CHAPTER 15 REMEDIAL WRITS AND CONTEMPT - Rule 106.5 Correctional Facility Quasi-Judicial Hearing Review

Aug 27, 2026

2008(5) rule changes to the Colorado Rules of Civil Procedure address process and proof of service requirements and add Rule 106.5, governing how inmates challenge decisions arising from quasi-judicial hearings conducted by Colorado Department of Corrections facilities or certain private facilities. The rule specifies defendant designation, venue, and service-of-process mechanics, including electronic service upon in forma pauperis approval. It sets response deadlines, record submission obligations, record contents, cost allocation, briefing schedules, and judicial authority to adjust time periods.

LanguageEnglish

CategoryResearch & Report

FormatPDF

Pages4

Reading Time10 min

AccessFree to download

Rule 4. Process

Manner of Proof

Chapter 15 Remedial Writs and Contempt

(New) Rule 106.5 Correctional Facility Quasi-Judicial Hearing Review

Scope

Designation of Defendant

Venue

Service of Process

Response of Defendant

Notice to Submit Record

Contents of the Record

Cost of the Record

Briefs

Time Periods

Promulgation of Rule

2008(5) RULE CHANGE THE COLORADO RULES OF CIVIL PROCEDURE FOR COURTS OF RECORD IN COLORADO CHAPTER 1 SCOPE OF RULES, ONE FORM OF ACTION, COMMENCEMENT OF ACTION, SERVICE OF PROCESS, PLEADINGS, MOTIONS AND ORDERS Rule 4. Process (a) through (g) [NO CHANGE . ] (h) Manner of Proof . Proof of service shall be made as follows: (1) If served personally, by a ~~duly acknowledged ~~statement , certified by the sheriff, marshal or similar governmental official, or statement duly acknowledged under oath by anyother person completing the service as to date, place, and manner of service; (h)(2) through (k) [NO CHANGE . ] CHAPTER 15 REMEDIAL WRITS AND CONTEMPT (New) Rule 106.5. Correctional Facility Quasi-Judicial Hearing Review (a) Scope . This rule applies to every action brought by an inmate to review a decision resulting from a quasijudicial hearing of any facility of the Colorado Department of Corrections (“CDOC”) or any private facility in Colorado involving a CDOC inmate for events that occurred at the facility. To the extent this rule does not cover procedures in such cases, the parties shall follow C .R .C .P . 106(a)(4) . All other provisions of C .R .C .P . 106(a)(4) shall apply except where modified by this Rule 106.5. The provisions of C .R .C .P . 106(b) and C .R .C .P . 5 shall govern all cases brought under this Rule 106.5. (b) Designation of Defendant . Only the Executive Director of the CDOC and the Warden of the facility shall be named as Defendants and shall be listed as such . The District Court shall dismiss any other Defendant . (c) Venue . All actions under this rule shall be filed in the district court in the county in which the quasijudicial agency action occurred, even if the inmate is no longer assigned to that facility at the time the complaint is filed. (d) Service of Process . (1) If the inmate does not qualify for in forma pauperis status, the rules relating to service of process set forth in C .R .C .P . 4(e)(10) shall apply, but only the Warden, the Executive Director of the Department of Corrections, and the Attorney General shall be served . (2) If the inmate files a motion to proceed in forma pauperis status and that motion is granted, service of process shall be accomplished in the following manner: The clerk of the District Court shall scan the complaint and serve it by electronic means on the Attorney General, the Executive Director of the Department of Corrections, and the Warden of the Facility (or the designee of each of these officials), along with a notice indicating the fact of the inmate’s filing and the date received by the Court . Each person notified shall send an acknowledgment by electronic means indicating that the specified official has received the electronic notice and the scanned copy of the complaint. (e) Response of Defendant . Within 20 days after the date on which the Attorney General sends acknowledgment that it has received the notice and complaint from the Clerk of the District Court, the Defendants shall file either (1) an answer to the complaint and a certified copy of the record as explained below, or (2) a motion in response to the complaint. (f) Notice to Submit Record . The facility shall file the certified record and affidavit of certification directly to the Court no later than the deadline to file an answer or motion as indicated above . This obligation to submit the record shall not apply if the Attorney General notifies the Warden within 10 days of the electronic service that a motion to dismiss the complaint for lack of subject matter jurisdiction has been filed, in which event the filing of the record shall be suspended pending disposition of the motion. (g) Contents of the Record . The certified record submitted by the Warden to the District Court shall contain all material related to the proceeding at the facility to permit the Court to address the issues raised in the complaint. The record shall include the Notice

FAQs

What does Rule 106.5 cover for inmates in Colorado?

Rule 106.5 applies to actions brought by an inmate to review decisions from a quasi-judicial hearing at a CDOC facility or a covered private facility in Colorado, for events occurring at the facility.

Who must be named as defendants under Rule 106.5?

Only the Executive Director of the CDOC and the Warden of the facility are named as defendants; the District Court must dismiss any other defendant.

How is service of process handled when an inmate proceeds in forma pauperis?

When in forma pauperis is granted, the court clerk scans the complaint and serves it electronically on the Attorney General, the Executive Director of the Department of Corrections, and the Warden (or their designees), with an acknowledgment requirement by electronic means.

Aug 27, 2026

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