Detailed Answer
In Colorado, serving legal papers (service of process) to a minor or someone under guardianship follows special rules. These rules ensure the individual’s guardian or legal representative receives the notice. Below is an overview:
1. Service on Minors
Under Colorado Rules of Civil Procedure Rule 4(e)(3), when the defendant is a minor (under 18), you must serve the summons and complaint on the minor’s legal guardian or custodian. You can:
- Deliver the documents to the minor’s parent or court-appointed guardian.
- If the court has appointed a guardian ad litem to represent the minor in that action, serve the guardian ad litem directly.
This ensures the minor has proper notice through an adult responsible for their decisions.
2. Service on Individuals Under Guardianship
If a person has a guardian or conservator under the Colorado Uniform Probate Code (Title 15, Article 14), serve the legal guardian or conservator, not the ward alone. Specifically:
- Identify the appointed guardian or conservator through court records.
- Serve the guardian in the same manner as any defendant—personal delivery or as authorized under Rule 4.
- If the ward still resides in the community, you may also send a copy to the ward’s residence by mail.
3. No Guardian Appointed
If the individual has no formally appointed guardian:
- Request the court to appoint a guardian ad litem or temporary guardian to handle service.
- The court may allow alternative service, such as mail or publication, under limited circumstances.
Key Statutes & Rules
- CRCP Rule 4(e)(3) – Service on minors and incapacitated persons.
- C.R.S. 15-14-310 – Notice requirements in guardianship proceedings.
Proper service is vital to protect due process rights. If you fail to follow these procedures, the court may dismiss your case or delay proceedings.
Helpful Hints
- Always verify the guardian’s status by checking the latest court order.
- Keep proof of service, such as a signed certificate, in the court file.
- If you cannot locate a guardian, file a motion with the court for alternative service.
- Consider hiring a process server experienced with specialized service rules.
- Act promptly: delays in service can lead to missed deadlines and complications.
Disclaimer: This article provides general information on Colorado law and does not constitute legal advice. Consult an attorney for guidance on your specific situation.