Vist www.courts.state.co.us/Forms/Housing for all eviction forms.

Instructions

1. JDF 140  -  Instructions for Mobile Home Evictions

Vist www.courts.state.co.us/Forms/Housing for all eviction forms.

Step 1 – Notify Home Owner

1. JDF 139 A  -  Demand Notice: Non Payment of Rent
2. JDF 139 B  -  Notice to Quit
3. JDF 139 C  -  Notice to Homeowner

Step 2 – Start Court Case

1. JDF 141  -  Complaint
2. Form 1A  -  Summons

Step 3 – Home Owner Response

1. JDF 143  -  Answer (if filing on time)
2. JDF 78  -  Motion to Set Aside Default Judgment (if filing late)

Step 4 – Service

1. JDF 98 - Affidavit of Service

Step 5 – Resolution

1. JDF 106 A  -  Stipulated Agreement (evictions)
2. JDF 106 B - Order re Stipulated Agreement
3. JDF 145  -  Motion for Default Judgment

Step 6 – Enforcement (as needed)

1. JDF 147  -  Writ of Restitution
2. JDF 91  -  Motion for Entry of Judgment on Stipulation

BEFORE THE HEARING:

* Be on time or early for your court hearing

* Have all of your information, completed paperwork, exhibits (lease, notice, etc.), and any other evidence with you. Evidence can include a copy of the lease, copies of emails between the landlord and renter, copies of rent receipts, photographs of the property, etc. Organize and label all pieces of evidence as exhibits that you can share with the other person and the judge.

                  * If you are the Plaintiff, label your exhibits with numbers starting with the number 1.

                  * If you are the Defendant, label your exhibits with letters starting with the letter A.

                  * Make copies of your exhibits for the other person and for the judge. You will have to pay for any copies that the courthouse staff has to make for you.

* Turn off your cell phone and respect everyone in the courtroom. Refer to the judge as "Your Honor" or "Judge."

* You may be asked to talk with the other party (other person involved in the case) to see if you can settle the case before the hearing.

DURING THE HEARING:

* The Plaintiff(s) will tell the judge why the Defendant should be evicted from the mobile home park.

* The Defendant(s) tell the judge why the Plaintiff should not evict the Defendant(s) from the mobile home park.

* Both the Plaintiff and the Defendant should focus on the facts. Present any exhibits to the judge and call witnesses to provide important information about your case.

* Ask your witnesses questions so that they can testify (speak to the Court).

* If the other person has an attorney, the attorney may object to or ask the judge to ignore exhibits and witnesses that you try to bring up in your case.

A Subpoena must be served no later than 48 hours prior to the appearance date.

A Subpoena to Appear is a document issued by the clerk at the request of one of the parties to require the appearance of a witness at a deposition, hearing or trial.

A Subpoena to Produce (Subpoena Duces Tecum) is a document issued by the clerk at the request of one of the parties to require the witness to bring certain documents or evidence in their possession with them to a deposition, hearing or trial.

A Court hearing or trial must be set prior to requesting the clerk to issue a Subpoena.

For additional information, please review C.R.C.P 345.

Instructions and Forms can be found by clicking on http://www.courts.state.co.us/Forms/Forms_List.cfm?Form_Type_ID=154

* Settlement: Settlement occurs when both the Plaintiff and the Defendant agree to resolve the case before the judge or jury makes a decision about who should win.  If both the Plaintiff and Defendant are at the hearing, the Defendant could agree to leave the mobile home park and pay the rent or damages owed or a different amount if the Plaintiff agrees. The Plaintiff and Defendant could also make an agreement that will allow the Defendant to stay at the property. The Parties should complete JDF 106 A - Stipulated Agreement (evictions) with specifics about the agreement and submit the Stipulation to the court that day to make the agreement official.

* Another Hearing: If the Defendant filled out the Answer form with a Counterclaim, the court could schedule a new court hearing, about 7 days from the first court hearing date.

* Default Judgment for the Plaintiff: If the Plaintiff is at the hearing, but the Defendant does not show up, the judge could award money and/or eviction to the Plaintiff.  The Defendant could owe the Plaintiff money and may have to leave the mobile home park immediately.

* Dismissal: If the Defendant is at the hearing but the Plaintiff is not, the judge could dismiss the case.  The Plaintiff could owe the Defendant money if the Defendant made a Counterclaim in the answer and/or the Defendant may be able to stay in the mobile home park.

* Hearing: The court hearing could be held as scheduled with each person in the case telling the judge why they should win using their witnesses and evidence. The judge could give his/her decision that day.