Jury Trials for Tenant Proceedings

The bill affords a plaintiff and defendant the right to trial by jury to decide all issues of fact in any action brought for unlawful detention of real property; except that, an action brought against a defendant who is a tenant of public housing that is owned or operated by a public housing agency must be tried by the court. The bill requires at least one attempt on 3 2 separate days of personal service on the defendant in an action for unlawful detention of real property. The bill requires an affidavit of service to be filed with the court. The bill requires a defendant who demands a trial by jury to make the demand in accordance with the Colorado rules of civil procedure or file a separate jury demand with the defendant's answer. The bill requires the court to set the date for trial no sooner than 10 days after the answer is filed. The bill authorizes the court to continue the trial if a party demands a trial by jury. The bill authorizes the court, upon its own motion or the motion of either party, to strike a jury demand and set the action for a trial by the court if the court determines that the defendant's answer only asserts equitable defenses and there is no dispute as to any material fact regarding the plaintiff's claim for possession of the premises or damages. The bill authorizes the court to allow either party, counsel for either party, and any witness to appear remotely by phone or video at a jury trial as an accommodation for a person with a disability or upon adequate assurances that the remote participation will not cause unreasonable delay. If either party requests a delay in a trial longer than 14 days, the bill authorizes the court, in the court's discretion upon a showing of a party's substantial likelihood of suffering serious economic harm, to require either party to give bond or other security to the opposite party for the sum that the party may be harmed due to the delay. The party required to make payment to the court must be given at least 7 days after the court's order to make the payment. If the party fails to make payment within the time required, the bill authorizes the court to extend the time for compliance or reset the hearing or trial for the next available date, but the court is prohibited from entering a default against the party. Upon a showing of indigency by the party required to make payment, the bill requires the court to waive or reduce the bond or other security, provide additional time to make payment, and permit the party to make multiple partial payments. Current law prohibits a written rental agreement from including a waiver of the right to a jury trial, except when the parties agree to a waiver of a jury in a hearing to determine possession of a dwelling unit. The bill removes this exemption. (Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.) (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)