Cal. Civ. Code § 13-40-113.5

Residential actions in county court - remote participation - electronic filing - procedures for technology failure - auxiliary services providers.

In Force
Verified 10/16/2026 · Next check 10/23/2026
effective 10/16/2026ColoradoSummary Process

Operative Text

Cal. Civ. Code § 13-40-113.5
(1) For
a residential action filed in county court pursuant to this article 40:

(a) The
court shall allow either party and any witness to choose to appear in person or
remotely by phone or video on a platform designated by the court at any return,
conference, hearing, trial, or other court proceeding. Either party and any
witness may elect to change how the party or witness intends to participate by
contacting the court; except that, if a party or witness contacts the court
within forty-eight hours of the scheduled appearance, the court has discretion
whether to approve the party or witness's requested change in participation.

(b) A
pro se defendant may file an answer electronically through an e-filing system.
If either party is pro se, the party may file a motion or other documents,
including, but not limited to, evidence or additional documentation,
electronically through an e-filing system.

(c) (I) 
(Deleted by amendment, L. 2024.)

(II) 
The court shall not assess, charge, or collect an e-filing fee, service fee, or
any other fee associated with the filing of motions, answers, or documents that
are filed by a defendant.

(d) The
court shall comply with any federal or state law or regulation, including any
supreme court directive or policy, regarding the provision of accommodations
for people with a disability or for people with limited English proficiency
during any proceeding, regardless of whether the proceeding is conducted in
person or remotely by phone or video on a platform designated by the court; and

(e) If
a pro se defendant files an answer or any other document physically instead of
filing electronically through an e-filing system, the court shall timely serve
the document on the plaintiff on behalf of the defendant and shall not charge
any fee or cost related to the service.

(2) In
the event a party is disconnected or there is a technology failure, the court
shall make all reasonable efforts to contact the party and shall allow
reasonable time for the party to reestablish connection with the court. If the
party is unable to reestablish connection, the court shall reschedule the
hearing, to be held in person, for the first available date after the date of
the originally scheduled hearing but no later than one week after the
originally scheduled hearing, to the extent practicable. The court shall not
enter a default judgment if a party is unable to participate remotely due to a
technological disconnection or failure.

(3) A
court shall not construe this section to provide less than is required by Title
II of the federal "Americans with Disabilities Act of 1990", 42
U.S.C. sec. 12101 et seq., as amended, and its implementing regulations.
Source: Legislative text reproduced verbatim
Plain English

Colorado Revised Statutes § 13-40-113.5 governs how residential eviction cases in county court are conducted with respect to participation, filing, and accessibility. Either party or any witness may choose to appear in person or remotely by phone or video, and parties may change their participation method by notifying the court, though last-minute changes within 48 hours are subject to the court's discretion. Courts must provide disability and limited-English-proficiency accommodations regardless of how a proceeding is held, and no default judgment may be entered against a party who loses connection due to a technology failure.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 16, 2026

Plain English — not legal advice.

For Property Managers

Under § 13-40-113.5, landlords initiating residential actions in Colorado county court should be aware that tenants and witnesses have the right to appear remotely or in person at any stage of the proceeding. Compliant operators plan for the possibility that a hearing may be rescheduled within one week if a technology failure prevents a party from participating, and they do not rely on a default judgment arising solely from a remote-connection problem. Landlords should also expect that defendants filing answers or documents—whether electronically or physically—will not be charged filing fees, which is a court-administered requirement that does not affect the landlord's own filing obligations.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Section § 13-40-113.5 gives tenants in Colorado county court residential actions the right to choose whether to appear in person or remotely by phone or video at hearings, trials, and other proceedings. Pro se (self-represented) defendants may file answers, motions, and supporting documents electronically at no cost, and if a physical filing is submitted instead, the court is required to serve it on the landlord on the tenant's behalf without charging a fee. Tenants who experience a technology disconnection during a remote hearing cannot have a default judgment entered against them for that reason, and those needing disability accommodations or language assistance may look to this provision—as well as the ADA protections it explicitly preserves—when raising access concerns; tenant-rights organizations can help identify relevant complaint or enforcement paths.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated October 16, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Oct 16, 2026
Click on timeline segments to view historical versions.

References Out

No outbound references recorded yet for this provision.

References In

Rules and statutes that cite this regulation

Colo. Rev. Stat. § 13-40-101

Related Rules

§ 1
Persons entitled to summary process
§ 3
Judgment and execution; costs; appeal
§ 5
Appeal; bond; actions thereon; waiver; appeal of waiver or periodic payments; notice of decision

Source Information

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