Colorado Service Affidavit (Proof of Service)

AFFIDAVIT OF SERVICE

State of Colorado

IN THE [________________________________] COURT

[________________________________] COUNTY, COLORADO

Case No.: [________________________________]
Division/Courtroom: [________________________________]

[________________________________],
Plaintiff(s),

v.

[________________________________],
Defendant(s).

AFFIDAVIT OF SERVICE

(Pursuant to C.R.C.P. Rule 4)

I. AFFIANT IDENTIFICATION

I, [________________________________], being of lawful age, first duly sworn upon oath, depose and state as follows:

1. Full Legal Name: [________________________________]

2. Business Address: [________________________________]

3. City, State, ZIP: [________________________________]

4. Telephone: [________________________________]

5. Email (optional): [________________________________]

6. Capacity of Affiant (check one):

☐ Sheriff or Deputy Sheriff of [________________________________] County, Colorado

☐ Private process server, at least 18 years of age and not a party to this action, authorized under C.R.C.P. 4(a)

☐ Individual at least 18 years of age and not a party to this action, authorized under C.R.C.P. 4(a)

☐ Other (describe): [________________________________]

7. I am competent to testify to the matters stated herein and have personal knowledge of the facts set forth below.

8. I am not a party to this action and have no interest in its outcome.

II. DOCUMENTS SERVED

The following documents (collectively, the "Documents") were served:

☐ Summons

☐ Complaint / Petition

☐ Amended Complaint / Petition

☐ Subpoena

☐ Motion for [________________________________]

☐ Order of Court dated [__/__/____]

☐ Notice of [________________________________]

☐ Other: [________________________________]

☐ Other: [________________________________]

Total number of pages served: [____]

III. METHOD OF SERVICE

(Check all that apply and complete the corresponding section below.)

☐ A. Personal Service (C.R.C.P. 4(e))

☐ B. Substituted Service (C.R.C.P. 4(e)(1))

☐ C. Service by Certified Mail, Return Receipt Requested (C.R.C.P. 4(g))

☐ D. Service by Publication (C.R.C.P. 4(f))

☐ E. Service on Corporation or Other Entity (C.R.C.P. 4(e)(3)-(4))

☐ F. Service on the Colorado Secretary of State (C.R.C.P. 4(e)(4))

☐ G. Court-Ordered Alternative Service (C.R.C.P. 4(f))

☐ H. Waiver/Acceptance of Service

A. PERSONAL SERVICE

I personally delivered true and correct copies of the Documents to:

Name of person served: [________________________________]

Date of service: [__/__/____]

Time of service: [____] ☐ a.m. ☐ p.m.

Address where service was made: [________________________________]

City, State, ZIP: [________________________________]

Physical description of person served:
- Gender: [________________________________]
- Approximate age: [____]
- Height: [____]
- Weight: [____]
- Hair color: [________________________________]
- Other distinguishing features: [________________________________]

Manner of delivery: The Documents were delivered directly into the hands of the person named above.

B. SUBSTITUTED SERVICE (C.R.C.P. 4(e)(1))

After exercising due diligence and being unable to accomplish personal service, I effected substituted service as follows:

Date: [__/__/____] Time: [____] ☐ a.m. ☐ p.m.

Address: [________________________________]

☐ I left true and correct copies of the Documents at the defendant's usual place of abode with [________________________________], a person over the age of 18 years who is:

☐ A member of the defendant's household
☐ A person residing at the same address
☐ Other relationship: [________________________________]

AND ☐ I thereafter mailed a copy of the Documents to the defendant at the same address by first-class mail, postage prepaid, on [__/__/____].

☐ I left true and correct copies of the Documents at the defendant's usual place of employment with [________________________________], who is:

☐ A person apparently in charge of the office or place of business
☐ A co-worker of suitable age and discretion

Physical description of substitute recipient:
- Gender: [________________________________]
- Approximate age: [____]
- Height: [____]
- Weight: [____]
- Hair color: [________________________________]

Note: Colorado does not permit "nail-and-mail" service (leaving documents at the door without a person accepting). Documents must be left with a person of suitable age and discretion.

C. SERVICE BY CERTIFIED MAIL (C.R.C.P. 4(g))

On [__/__/____], I deposited true and correct copies of the Documents in the United States mail, certified mail, return receipt requested, postage prepaid, addressed to:

Name: [________________________________]

Address: [________________________________]

Certified Mail Article Number: [________________________________]

Return receipt received: ☐ Yes ☐ No

Date signed on return receipt: [__/__/____]

Signature on return receipt by: [________________________________]

☐ Return receipt is attached hereto as Exhibit [____].

D. SERVICE BY PUBLICATION (C.R.C.P. 4(f))

Pursuant to the Court's Order dated [__/__/____] authorizing service by publication:

Name of newspaper: [________________________________]

County of publication: [________________________________]

Dates of publication:
- First publication: [__/__/____]
- Second publication: [__/__/____]
- Third publication: [__/__/____]
- Fourth publication: [__/__/____]
- Fifth publication: [__/__/____]

Note: Under C.R.C.P. 4(f), publication must be made once a week for five consecutive weeks. Service is complete on the day of the last publication.

☐ Affidavit of publication from the newspaper is attached as Exhibit [____].

☐ A copy of the summons and complaint was also mailed to the defendant's last-known address on [__/__/____].

E. SERVICE ON CORPORATION OR OTHER ENTITY

I served the Documents on:

Name of entity: [________________________________]

Name of person served: [________________________________]

Title/Position: [________________________________]

☐ Registered agent for service of process
☐ Officer of the corporation
☐ Managing or general agent
☐ Partner (for partnership)
☐ Member or manager (for LLC)
☐ Other authorized recipient: [________________________________]

Date: [__/__/____] Time: [____] ☐ a.m. ☐ p.m.

Address where served: [________________________________]

F. SERVICE ON COLORADO SECRETARY OF STATE

Pursuant to C.R.C.P. 4(e)(4), on [__/__/____], I served the Documents on the Colorado Secretary of State as agent for [________________________________], a [________________________________] that has failed to maintain a registered agent in Colorado.

☐ Fee paid: $[____]
☐ Certified mail copy also sent to the entity's last-known address on [__/__/____].

G. COURT-ORDERED ALTERNATIVE SERVICE

Pursuant to the Court's Order dated [__/__/____], I effected service by the following alternative method:

[________________________________]

[________________________________]

[________________________________]

☐ Copy of the Court's Order is attached as Exhibit [____].

H. WAIVER/ACCEPTANCE OF SERVICE

[________________________________] acknowledged and accepted service of the Documents on [__/__/____].

☐ Signed waiver/acceptance is attached as Exhibit [____].

IV. PRIOR SERVICE ATTEMPTS AND DUE DILIGENCE

(Complete if substituted service, service by publication, or alternative service was used.)

Additional due diligence efforts:

☐ Searched public records for current address

☐ Checked Colorado Secretary of State business records

☐ Contacted neighbors or building management

☐ Checked social media or other online sources

☐ Contacted plaintiff's counsel for additional information

☐ Other: [________________________________]

V. NON-SERVICE AFFIDAVIT

(Complete ONLY if service was NOT accomplished.)

☐ I was unable to serve the Documents on [________________________________] despite the following diligent efforts:

[________________________________]

[________________________________]

[________________________________]

Reason service could not be completed:

☐ Defendant could not be located at the address provided

☐ Defendant is believed to have moved from the address provided

☐ Defendant is evading service

☐ Address is vacant or abandoned

☐ Defendant is incarcerated at [________________________________]

☐ Other: [________________________________]

VI. TIMELINESS OF SERVICE

Colorado 63-Day Rule: Under C.R.C.P. 4(m), if a defendant is not served within 63 days after the complaint is filed, the court may dismiss the action without prejudice or order that service be made within a specified time. If the plaintiff shows good cause for the failure, the court shall extend the time for service.

Date complaint filed: [__/__/____]

Date service accomplished: [__/__/____]

Number of days between filing and service: [____]

☐ Service was accomplished within 63 days of filing.

☐ Service was not accomplished within 63 days. An extension was granted by Court Order dated [__/__/____].

VII. SERVICE FEES AND COSTS

Service fee: $[________________________________]

Mileage: [____] miles at $[____] per mile = $[________________________________]

Other costs (describe): [________________________________] = $[________________________________]

Total: $[________________________________]

☐ These costs are recoverable under C.R.C.P. 54(d).

VIII. VERIFICATION AND OATH

I, [________________________________], declare under penalty of perjury under the laws of the State of Colorado that the foregoing statements are true and correct to the best of my knowledge, information, and belief.

I further state that service was performed in full compliance with C.R.C.P. Rule 4 and all applicable Colorado statutes, rules, and court orders governing service of process.

I am competent to testify to the matters stated herein and will appear in court if subpoenaed.

IX. SIGNATURE AND NOTARIZATION

Signature of Affiant:

________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

NOTARY ACKNOWLEDGMENT

State of Colorado )
) ss.
County of [________________________________] )

Subscribed and sworn to (or affirmed) before me this [____] day of [________________________________], 20[____], by [________________________________], who is personally known to me or who produced [________________________________] as identification.

________________________________________
Notary Public

Printed Name: [________________________________]
My Commission Expires: [__/__/____]
Notary ID: [________________________________]

[NOTARY SEAL]

X. CERTIFICATE OF FILING

I hereby certify that the original of this Affidavit of Service was filed with the Clerk of the Court on [__/__/____] and that a true and correct copy was served upon all counsel of record via:

☐ Hand delivery
☐ U.S. Mail, postage prepaid
☐ E-filing through the Colorado Courts E-Filing system
☐ Electronic service

on [__/__/____].

________________________________________
Signature

XI. EXHIBITS

☐ Exhibit A — Return Receipt (Certified Mail)

☐ Exhibit B — Affidavit of Publication

☐ Exhibit C — Court Order Authorizing Alternative Service

☐ Exhibit D — Photographs / GPS Records

☐ Exhibit E — Signed Waiver/Acceptance of Service

☐ Exhibit F — Other: [________________________________]

COLORADO-SPECIFIC SERVICE RULES — QUICK REFERENCE

XII. FILING INSTRUCTIONS

1. Official Form: The Colorado Judicial Branch publishes official Affidavit of Service form JDF 98 (revised November 2024). This template mirrors JDF 98 requirements and may be used in conjunction with or as a substitute for that form where the court does not mandate JDF 98. Confirm local court requirements before filing.

2. 63-Day Rule: Under C.R.C.P. 4(m), if the defendant is not served within 63 days after the complaint is filed, the court may dismiss the action without prejudice or order service within a specified time. Seek an extension before the deadline if needed.

3. No Nail-and-Mail: Colorado does not recognize "nail-and-mail" service (posting documents to the door without a person present). Documents must be left with a person of suitable age and discretion.

4. Proof of Service Content: Under C.R.C.P. 4(h), proof of service for personal or substituted service must be a sworn statement (or sheriff's certificate) stating the date, place, and manner of service. Mail service proof must include the return receipt. Publication service proof must include the newspaper affidavit of publication.

5. Multiple Defendants: File a separate Affidavit of Service for each defendant served.

6. E-Filing: The Colorado Courts E-Filing system (ICCES) is used for electronic filing in most Colorado state courts. See https://www.courts.state.co.us.

7. Privacy: Redact personal identifiers (SSNs, financial account numbers, dates of birth) in accordance with C.R.C.P. 121 § 1-5 before filing.

SOURCES AND REFERENCES

• Colorado Rules of Civil Procedure, Rule 4 — Process: https://www.courts.state.co.us/Courts/Supreme_Court/Custom.cfm/Rule4
• C.R.C.P. 4(h) — Proof of Service requirements
• C.R.C.P. 4(m) — 63-day service deadline
• C.R.S. § 13-1-124 — Personal Jurisdiction by Acts of Nonresidents
• C.R.S. § 13-7-101 et seq. — Process Servers
• Colorado Judicial Branch — Official Court Forms: https://www.coloradojudicial.gov/forms
• JDF 98 — Affidavit of Service (November 2024): https://www.coloradojudicial.gov/sites/default/files/2024-11/JDF98.pdf
• C.R.C.P. Rule 5 — Service and Filing of Pleadings
• C.R.C.P. 54(d) — Recovery of Costs
• C.R.C.P. 121 § 1-5 — Privacy/Redaction Requirements
• Colorado Courts E-Filing (ICCES): https://www.courts.state.co.us

This template is provided for informational purposes only. It does not constitute legal advice and should not be used as a substitute for consultation with a qualified attorney licensed in Colorado. All service of process must comply with the current version of the Colorado Rules of Civil Procedure and any applicable local rules or court orders.

DISCLAIMER: This template is provided for informational purposes only and does not constitute legal advice. Consult a licensed attorney before use.