Filing a motion to Compel
Filing a motion to compel in Colorado involves several steps to ensure that the court properly addresses a party’s non-compliance with disclosure requirements or other mandated actions in a divorce case.
1. Prepare the Motion:
Start by drafting a formal “Motion to Compel” document. (it is 2 pages so fairly quick and easy to complete) In it, outline what you are requesting the court to compel (e.g., financial disclosures) and explain the attempts you have made to get this information from the other party.
Cite the specific rules or statutes that require the other party to provide the requested information. For divorce and family law cases in Colorado, this typically includes Colorado Rules of Civil Procedure and specific disclosure requirements under Colorado family law.
2. Attach Supporting Documents:
Include any supporting documents that show your attempts to resolve the issue outside of court (such as emails or letters requesting the information).
Attach any relevant court orders, affidavits, or evidence demonstrating the non-compliance.
3. File with the Court:
Submit your motion and supporting documents to the clerk of the court where your divorce case is being handled. In Colorado, this is typically the district court in the county where you or your spouse resides.
You may need to pay a filing fee. Check with the court clerk or the court’s website for specific filing fees and requirements in your county.
4. Serve the Other Party:
After filing, ensure the other party (usually your spouse) is formally served with a copy of the motion to compel. This can often be done by mail or through the court’s e-filing system if your county uses it.
Include a “Certificate of Service” form, which states that you provided the other party with a copy of the motion.
5. Attend the Hearing:
The court may set a hearing date, or in some cases, you may need to request one. Attend the hearing prepared to explain your request to the judge.
Bring copies of all documents you filed and any additional evidence showing the other party’s non-compliance.
6. Follow Up:
If the court grants the motion, follow up to ensure compliance with the order.
If the other party still fails to comply, you may need to take additional actions, such as filing for contempt of court.