Colorado State Law

Does a process server have to be licensed in Colorado? No. While the initial text provided mentioned “Yes,” the actual statutes for Colorado confirm that there is no statewide license required.

Colorado Process Server Requirements

According to the Colorado Rules of Civil Procedure (C.R.C.P. 4), process may be served by:

• The Sheriff of the county where service is made.

• A Deputy Sheriff.

• Any other person over the age of 18 years who is not a party to the action.

Important Note on Refusal of Service: If a person refuses to accept the documents, service is considered sufficient if the process server:

1. Identifies the person being served.

2. Identifies the documents being served.

3. Offers to deliver them and then leaves the copy in a conspicuous place.

Colorado Rules of Civil Procedure

Laws regarding civil procedure are subject to change by the state legislature.

Rule 4. Process

• Issuance of Summons: A summons may be signed and issued by the clerk of the court or by the plaintiff’s attorney.

• Contents: The summons must contain the court name, county, names of parties, time limits for the defendant to respond, and the attorney’s registration number (if applicable).

• Personal Service (Natural Persons): Service is made by delivering a copy to the person, leaving it at their usual place of abode with a family member (18+), or at their usual place of business with a secretary, manager, or chief clerk.

• Service on Corporations: Deliver a copy to any officer, manager, general agent, or registered agent. If none are found, it may be delivered to a stockholder or principal employee within the county.

Rule 5. Service of Subsequent Papers

• Once a party is represented by an attorney, all subsequent papers (motions, discovery, etc.) must be served upon the attorney unless the court orders otherwise.

• Service by mail is considered complete upon mailing.

Rule 45. Subpoena

• Service Requirements: Service of a subpoena must be made by delivering a copy to the named person and tendering fees for one day’s attendance and mileage (unless issued on behalf of the State of Colorado).

• Timing: Unless ordered otherwise, subpoenas should be served at least 48 hours before the required appearance time.

• Location for Deposition:

  • Residents: Can only be required to attend in the county where they reside, are employed, or transact business.

  • Non-residents: Can be required to attend within 40 miles of the place of service or in the county where they are employed.