Wednesday, February 3, 2010

Example Answer to Complaint

0 Small Claims 0 County Court 1 District Court
0 Probate Court 0 Juvenile Court 0 Water Court
Larimer County, Colorado
Court Address: 201 LaPorte Ave, Larimer County, Fort Collins, Colorado

Patty Plaintiff,

Plaintiff,

v.

Dennis Dimwit,

Defendant.
Tonya Morse
1235 Boardwalk Dr
Fort Collins, CO 80525
Phone Number: (307) 223-4567
FAX Number: (970) 223-9876
E-mail: tanyam@yahoo.com
Atty. Reg. #: 33455

Case Number: 08CV1234

Div.: Ctrm:

Answer

The Defendant, Dennis Dimwit, appears by and through his attorney, Tonya Morse, for his Answer to the Complaint herein, states as follows:

1. The Defendant agrees to the statements made in Paragraphs 1, 2 and 3 of the Complaint.

2. The Defendant admits the statements made in Paragraphs 4, 5, 6, 7 and 8 of the Complaint.

3. The Defendant denies the allegations set forth in Paragraphs 9, 10 and 11 of the complaint. The Plaintiff lacks information and knowledge sufficient to form a belief as to the allegations in Paragraphs 10 and 11 of the Complaint therefore denies the same.

4. The Defendant admits to the statements made in Paragraphs 12, 13 and 14 of the Complaint.


5. The Defendant admits to the statements made in Paragraph 15 and 16 of the Complaint.

6. The Defendant denies the allegations made in Paragraphs 17, 18, 19 and 20 because the Plaintiff lacks information and knowledge sufficient to form a belief to the allegations made in the Complaint and therefore denies the same.

7. The Defendant admits to the statement made in Paragraph 21 of the Complaint.

8. The Defendant denies the allegation made in Paragraph 22 of the Complaint. The Plaintiff lacks sufficient knowledge to form a belief as to the allegation in the Complaint and therefore denies the same.

9. The Defendant denies the statements made in Paragraphs 23, 24, 25 and 26 of the Complaint.

First Affirmative Defense

As and for an affirmative defense, defendant alleges that plaintiff’s right to maintain this action is barred by the statute of limitations in that more than two years have elapsed between plaintiff’s alleged cause of action and the filing of their complaint.

Second Affirmative Defense

As and for an affirmative defense, defendant alleges that Plaintiff was comparatively negligent in that she failed to use ordinary care when walking across the street.

Third Affirmative Defense

As and for an affirmative defense, the plaintiff failed to mitigate damages.

WHEREFORE, the Defendant requests that the Plaintiff take nothing by her complaint herein. The Defendant prays the court enter judgment dismissing the complaint.


Dated:_____________

Respectfully Submitted,



_______________________________
Tonya Morse
1235 Boardwalk Dr
Fort Collins, CO 80525
Phone Number: (307) 223-4567
FAX Number: (970) 223-9876
E-mail: tanyam@yahoo.com
Atty. Reg. #: 33455

Verification

State of Colorado )
) ss.
County of Larimer)

The undersigned, having been first duly sworn upon his oath, deposes and states that he is the Defendant in the above-referenced action, that he has reviewed the foregoing Answer, and that the statements made therein are true and correct to the best of his knowledge, information, and belief.


_____________________________
Dennis Dimwit
567 Harmony Ave
Fort Collins, CO 80525

Subscribed and sworn to before me by Dennis dimwit this 9th day of July, 2008.
Witness my hand and official seal. My commission expires:

____________________________
Notary Public
Address





CERTIFICATE OF SERVICE

I hereby certify that on the__day of___________2008, I served a true and correct copy of the foregoing answer upon Rick Jennings by placing the same in the U.S. mail to the address 1609 Oakridge Dr., Fort Collins, CO 80525.

Tonya Morse
Attorney at Law #33455
1235 Boardwalk Dr.
Fort Collins, CO 80525

Tuesday, February 2, 2010

Example Motion for Summary Judgment

0 Small Claims 0 County Court 1 District Court
0 Probate Court 0 Juvenile Court 0 Water Court
Larimer County, Colorado
Court Address: 201 LaPorte Ave.
Fort Collins, CO 80521

Scott Walker,

Plaintiff.

v.

Tanya Brewster,

Defendant.

Jessica Thompson, Attorney at Law
2345 Litigator Way
Fort Collins, CO 80525
Phone Number: (970)493-5555
FAX Number: (970)555-5555
E-mail: LLawyer@legal.com
Atty. Reg. #: 11111


Case Number:


Div.: Ctrm:

MOTION FOR SUMMARY JUDGMENT

The plaintiff appears by and through his attorney, Jessica Thompson, and respectfully submits this motion for summary judgment against the defendant, Tanya Brewster.

I. Jurisdictional Allegations

1. Venue for this complaint is correct pursuant to C.R.C.P. 98(c)(1).

2. This motion for summary judgment is within time constraints pursuant to C.R.C.P. 56.

II. Claims by Plaintiff

3. The plaintiff claims that the defendant acted negligently with the storage of the firearm in her home.

4. The plaintiff also claims that the defendant was negligent in her supervision of their minor child, T.J.




III. Undisputed Facts

5. In the defendant’s answers to question number 7 of the plaintiff’s interrogatory, she stated no affirmative defenses to the allegations stated in the complaint.

6. The defendant admits in her witness testimony that she didn’t know where the gun was stored or that it actually had a lock on it. The defendant stated that she did not know where the gun was located after admitting reading the handout, “Colorado Criminal Code §105: Criminal Storage of a Firearm,” that her boyfriend, Carl Newhouse, had given her, where it states that a person who would be found guilty under this statute would not know where a firearm was stored, or that it was secure with a trigger-lock or a lock on the container the firearm was stored in.

7. The negligence of the defendant in not knowing where the gun was stored or if it was properly locked, was the proximate cause of Jesse being shot. The defendant owed a duty to her child to make sure that the gun was locked and stored properly as well as know where it was stored. The defendant breached that duty, which was the proximate cause of T.J. to take the firearm, and shoot Jesse. The defendant is responsible for the monetary damages to the plaintiff’s son, Jesse, in the medical bills he incurred from the incident as well as the future bills he will incur due to his permanent disablement.


Verification

State of Colorado )
) ss.
County of Larimer )

The undersigned Plaintiff, having been first duly sworn upon his oath, deposes and states that he is the Plaintiff in the above-referenced action, that he has reviewed the foregoing Motion for Summary Judgment, and that the statements made therein are true and correct to the best of his knowledge, information, and belief.

_______________________
Scott Walker, Plaintiff

Subscribed and sworn to me before this _____day of _____20___, by.
Witness my hand and official seal. My commission expires:


______________________
Notary Public
Address: 1609 Oakridge Drive
Fort Collins, Co 80525


Dated: _August 25, 2008



CERTIFICATE OF SERVICE

I certify that on August 25, 2008 the original of this Motion was filed with the Court; and a true and accurate copy of this MOTION FOR SUMMARY JUDGMENT was served on the other party by placing it in the United States mail, postage pre-paid and addressed to the following:________________________________________.
______________________________________
 Petitioner/Plaintiff OR  Respondent/Defendant



ORDER GRANTING RESPONDENT’S MOTION FOR SUMMARY JUDGMENT

This matter came before the court for review of the Respondent’s motion for summary judgment on August 25, 2008. The court reviewed the file and the motion and having been duly advised in the premises, hereby grants the same. Counsel for the Respondent will notice the matter in for setting of due-date of the answer within two weeks after the thirty days after being served are over. It will set forth that the defendant pay in the amount of $500,000, in lieu of the full amount requested by the plaintiff, to end this action.
BY THE COURT:
________________
Judge

Monday, February 1, 2010

Example Motion to Compel

 County Court District Court
_____Larimer_________ County, Colorado
Court Address:201 LaPorte Ave.
Fort Collins, CO 80521


Scott Walker,

Plaintiff.

v.

Tanya Brewster,

Defendant.









COURT USE ONLY
Jessica Thompson, Attorney at Law
2345 Litigator Way
Fort Collins, CO 80525
Phone Number: (970)493-5555
FAX Number: (970)555-5555
E-mail: LLawyer@legal.com
Atty. Reg. #: 11111 Case Number:




Division Courtroom
MOTION TO COMPEL


The plaintiff appears by and through his attorney, Jessica Thompson, and respectively submits this Motion to Compel against the defendant, Tanya Brewster.
For the following reasons:
1. Upon being served on July 17, 2008 thirty days has passed which is required by Colorado Rules of Civil Procedure Rule 33(b)(3), the defendant has still not answered our interrogatory nor has the defendant and their attorneys communicated with their intention to do so.
2. The attorney, Jessica Thompson, for the plaintiff, Scott Walker, has with due diligence and good faith attempted to contact the attorney for the Defendant in every way in order to seek the answer to the interrogatory.

Wherefore Plaintiff hereby requests the court to compel discovery of the interrogatory asked of the defendant, Tanya Brewster, by means of a judge’s order.



Verification

State of Colorado )
) ss.
County of Larimer )

The undersigned Plaintiff, having been first duly sworn upon his oath, deposes and states that he is the Plaintiff in the above-referenced action, that he has reviewed the foregoing Motion to Compel, and that the statements made therein are true and correct to the best of his knowledge, information, and belief.

_______________________
Scott Walker, Plaintiff

Subscribed and sworn to me before this _____day of _____20___, by .
Witness my hand and official seal. My commission expires:


______________________
Notary Public
Address: 1609 Oakridge Drive
Fort Collins, Co 80525


Dated: _August 17, 2008







CERTIFICATE OF SERVICE

I certify that on ________________________(date) the original of this Motion was filed with the Court; and a true and accurate copy of this MOTION TO COMPEL was served on the other party by placing it in the United States mail, postage pre-paid and addressed to the following: ______________________________________
______________________________________
______________________________________

______________________________________
 Plaintiff OR  Defendant



 County Court District Court
_____Larimer_________ County, Colorado
Court Address:201 LaPorte Ave.
Fort Collins, CO 80521


Scott Walker,

Plaintiff.

v.

Tanya Brewster,

Defendant.









COURT USE ONLY
Jessica Thompson, Attorney at Law
2345 Litigator Way
Fort Collins, CO 80525
Phone Number: (970)493-5555
FAX Number: (970)555-5555
E-mail: LLawyer@legal.com
Atty. Reg. #: 11111 Case Number:




Division Courtroom
ORDER GRANTING PLAINTIFF’S MOTION TO COMPEL

This matter came before the court for review of the Plaintiff’s motion to compel discovery on August 17, 2008. The court reviewed the file and the motion and having been duly advised in the premises, hereby grants the same. Counsel for the Plaintiff will notice the matter in for setting of due-date when the defendant must comply with the plaintiff’s motion within one week of the courts entering of judgment.

BY THE COURT:

________________
Judge