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Denver County Court

Small Claims Filing Information

FILING INFORMATION

These instructions are for informational purposes only and do not constitute legal advice about your case. If you choose to represent yourself, you are bound by the same rules and procedures as an attorney.

FILING WITH THE COURT

You may file a claim is for money, property, specific performance of a contract or enforcement of a restrictive covenant that does not exceed $7,500.00.  If your claim exceeds $7,500 and you want to keep your claim in the Small Claims Court, you may reduce the larger claim by waiving the balance that is in excess of the limit allowed in the Small Claims Court. You cannot divide a claim and file two separate cases.  At least one of the parties that you are suing must reside, be regularly employed, have an office for the transaction of business, or be a student at an institution of higher education in Denver County; or they own rental property in Denver County that is the subject of the claim.

The document that initiates a  Small Claims case is called a Notice, Claim and Summons to Appear for Trial.  This document requires multiple copies,  so it is very important that you follow the instructions on the page for creating the Notice, Claim and Summons to Appear for Trial   .

The Clerk’s Office for the Civil Division is in the City and County Building, 1437 Bannock Street, Room 135.  The Small Claims Courtroom where all hearings or trials take place is Courtroom 117.

JUDICIAL OFFICER

A Magistrate or a Judge will hear your case. If you want a Judge to hear your case, you must file an Objection to a Magistrate Hearing Case    at least seven days before the trial date set in the notice. The rules and procedures of the Small Claims Court will still apply.

ATTORNEY

If the defendant(s) want(s) to be represented by an attorney, the defendant(s) or attorney must file a Notice of Representation by Attorney    at least seven days before the trial date on the notice. If the notice is filed, then the plaintiff(s) may have representation by an attorney. If either party is an attorney, the other party may be represented by an attorney without filing a notice of representation. Even if there are attorneys in the case, the rules and procedures of the Small Claims Court will still apply.

LANGUAGE INTERPRETER

If you or a witness requires a language interpreter to be present for hearings, you may request an interpreter online or contact the Clerk’s Office in Room 135 of the City and County Building by calling 720-865-7840.  You may also inform the clerk in the courtroom on the date of your appearance. A language interpreter may only interpret what is said between parties during a hearing and immediately prior to or after the hearing. A language interpreter may not provide legal advice or any other service that is not related to interpreting. Interpreters may not provide any services that may constitute a violation of the language interpreter’s Code of Professional Responsibility   .

SUBPOENAS

Upon your request, the clerk in Room 135, of the City and County Building will issue a subpoena to require witnesses to appear or bring documents for your trial.  You may download a subpoena    form in advance.  It is your responsibility to complete the information needed on the subpoena and to have the subpoena issued and served. Subpoenas must be served personally and may be served by a person over the age of 18 that is not a party to the case, and who knows the Rules of Service. Subpoenas must be accompanied by a check for payment of witness fees and mileage for any witnesses served.

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