Amended Answer

[cd1m]

I filed a motion to amend my Complaint in Colorado County Court. The judge approved the motion after it was argued in a Pre Trial conference. My opponent did not file an Amended Answer to the Amended Complaint. Were they required to file an Amended Answer in County Court or is this just in District Court? Neither the County Court or District Court rules address this issue that I could find but I do see default judgment on this issue in case law?

 

[latigo]

I filed a motion to amend my Complaint in Colorado County Court. The judge approved the motion after it was argued in a Pre Trial conference. My opponent did not file an Amended Answer to the Amended Complaint. Were they required to file an Amended Answer in County Court or is this just in District Court? Neither the County Court or District Court rules address this issue that I could find but I do see default judgment on this issue in case law?

If you are looking for Colorado’s Rules of County Civil Court Procedure, you will find them in Chapter 25 of the Colorado Rules of Civil Procedure. (C. R. C. P.)

But I’ve found no mentioning of the time given for a defendant to respond to an amended complaint. In fact the same is true with respect to the C. R. C. P.

However, in view of Rule 355 “Default” that allows 14 days to answer the original complaint and Rule 301 which states that the County Court Rules are to be “liberally construed to secure the just, speedy and inexpensive determination of every action” . . . and,

Because the court is not going to hold the case in abeyance awaiting a tardy defendant, I would count the passing of 14 days from the time the amended pleading was served and then move for the default judgment.

Just make certain that you’ve you covered your butt by having filed all necessary affidavits or certificates of service upon the defendant.

Another option would be to file a motion for judgment on the pleadings.

Anyhow, it seems a bit remiss not to have the issue covered in the order granting your motion to amend. As well as not being addressed in the pre-trial. Incidentally, who drafted that order? Not the defendant, obviously.

 

[cd1m]

Amended Answer, Judge order

The Judge ruled on the and granted the Motion to amend the complaint verbally in court and I have not see a written order

 

[latigo]

The Judge ruled on the and granted the Motion to amend the complaint verbally in court and I have not see a written order

Well, that it is enlightening. But can your guess as to why you “have not seen a written order"? Because I can more than guess.

It is because as the prevailing party on your motion (for leave to file and serve an amended complaint), you didn’t do as required of you. And that was to prepare a form of order and submit it to the court for approval and signature!

The consequences being that there is nothing in the court file authorizing the amendment. Nor, because the proceedings occurred in a pre-trial conference, would there be anything in the clerk’s record. Which may shed some light as to why the defendant has not responded to your amended pleading.

And if you come back with the excuse that “the judge didn’t tell me to write up an order”, I am going to point out that they are neither baby sitters nor law professors. *

[SUP][*] I don’t know exactly what it is that they do do, but it is not the above[/SUP]

 

[cd1m]

Amended Complaint - more info

Well there are more details, the Motion was Granted immediately, and I have a written order showing that, but the attorney filed a motion to vacate the order. The judge called pre trial conference and upheld the order, the clerk confirms the standing order is that the motion was granted. I do not know why he would not have filed an answer to new claims, particularity considering the new claims were tort claims.