--- name: co-draft-motion description: > This skill should be used to scaffold a Colorado civil motion with its supporting memorandum. Triggers include "draft a motion in Colorado", "draft a Colorado motion to compel", "draft a C.R.C.P. 12(b)(5) motion to dismiss", "Colorado motion for summary judgment", "draft a motion under C.R.C.P. 60(b)", "draft a Colorado motion in limine", "draft a C.R.C.P. 121 § 1-15 motion". Produces a motion plus supporting memorandum in the Colorado statewide format applying the pro-se drafting framework (clear relief, cite the rule or statute, state supporting facts, conclude with signature and required certificates). Composes with `co-statewide-format` for format, `co-draft-declaration` for sworn facts, `co-draft-order` for the proposed order, and the relevant court overlay. version: 0.1.0 --- # Draft a Colorado Motion > **NOT LEGAL ADVICE.** This skill scaffolds a draft motion. The > filer is responsible for verifying the underlying law and the > rule's applicability to the facts of the case. Use this skill to produce a motion + supporting memorandum in Colorado format. Most Colorado motions follow C.R.C.P. 121 § 1-15 (motion practice generally) plus the rule under which the motion is filed (12(b)(5), 56, 60(b), 37(a), etc.). ## Page limits — C.R.C.P. 121 § 1-15(1)(a) | Document | Limit | |----------|-------| | Motion / response | 15 pages | | Reply | 10 pages | Excess pages require **leave of court**, sought by separate motion. Many divisions require a **chambers copy** for motions exceeding 20-25 pages — check the assigned judge's practice standards. ## Standard motion structure ``` [Caption — see co-statewide-format] [DOCUMENT TITLE IN ALL CAPS, e.g., DEFENDANT'S MOTION TO DISMISS UNDER C.R.C.P. 12(b)(5)] [Movant], [Plaintiff / Defendant], by and through [counsel / self-represented], respectfully moves the Court for [specific relief], and in support states: I. INTRODUCTION [1-2 paragraph summary of the case, the relief sought, and the reasons in headline form] II. STATEMENT OF FACTS [Numbered factual paragraphs. Each material fact gets its own paragraph, with a citation to the record — declaration ¶ X, Complaint ¶ X, Exhibit X, or admission in pleadings.] III. ARGUMENT A. [Headline of first argument] [Argument body. Lead with the rule or statute citation; state the controlling standard; apply to the facts; cite the controlling case authority.] B. [Headline of second argument] [...] IV. CONCLUSION For the foregoing reasons, [Movant] respectfully requests that the Court [grant the motion / grant the relief sought] and [enter the attached Proposed Order]. CERTIFICATE OF CONFERRAL (C.R.C.P. 121 § 1-15(8)) Pursuant to C.R.C.P. 121 § 1-15(8), the undersigned conferred with [opposing counsel / opposing party] on [date] regarding the relief requested in this Motion. [Opposing counsel] [opposes / does not oppose / takes no position on] this Motion. [OR for dispositive motions — exempt:] Pursuant to C.R.C.P. 121 § 1-15(8)(b), conferral is not required for motions under C.R.C.P. 12(b) and C.R.C.P. 56. Respectfully submitted this ___ day of __________, 20__. [Signature block] [Reg. No. if attorney / "Self-Represented" if pro se] CERTIFICATE OF SERVICE [Date], method, recipients — per co-statewide-format] ``` ## Filing checklist When the motion is finalized: - [ ] Caption matches the assigned court, division, courtroom - [ ] Title in ALL CAPS centered between caption and body - [ ] All cited rules and statutes correct (run `co-fact-check`) - [ ] Affirmative defenses and counter-arguments addressed - [ ] Within page limit (15 pages for motion / response) - [ ] Certificate of Conferral included (or exempt-citation invoked) - [ ] Proposed Order drafted as **separate** document (see `co-draft-order`) - [ ] Supporting Declaration(s) drafted (see `co-draft-declaration`) - [ ] Certificate of Service complete - [ ] Format check passes (`scripts/format-check.py`) ## Common motion types | Motion | Rule | Notes | |---|---|---| | Motion to Dismiss | C.R.C.P. 12(b)(5) | Plausibility standard under *Warne v. Hall*, 2016 CO 50; no conferral required | | Motion for Summary Judgment | C.R.C.P. 56 | Must be filed >= 91 days before trial; affidavits showing no genuine issue of material fact | | Motion to Compel | C.R.C.P. 37(a) | Conferral required (C.R.C.P. 121 § 1-15(8)); attach the deficient responses | | Motion to Set Aside Default | C.R.C.P. 55(c) / 60(b) | Within 182 days for 60(b)(1)-(3); show good cause + meritorious defense | | Motion for Reconsideration | C.R.C.P. 59 | Within 14 days of judgment | | Motion in Limine | (inherent) | Pre-trial; addresses anticipated evidentiary disputes | | Motion for Protective Order | C.R.C.P. 26(c) | Discovery-shielding | | Motion for Extension of Time | C.R.C.P. 6(b) | Conferral required; typically routine | ## Argument structure — the Parker approach Pro se filers should follow the **pro-se drafting framework**: 1. **State the relief clearly** in the opening sentence 2. **Cite the rule or statute** that grants the court power to award that relief 3. **State the facts** that satisfy each element of the standard 4. **Apply the controlling case law** to those facts 5. **Conclude** with the specific order sought A motion that hides the relief, buries the rule citation, or omits a clear element-by-element factual showing is the kind of filing the court will struggle to engage with — Parker requires liberal construction, but the court will not draft the argument for you. ## Composition - For format: `co-statewide-format` - For the supporting declaration: `co-draft-declaration` - For the proposed order: `co-draft-order` - For setting the hearing: `co-schedule-hearing`, `co-draft-note` - For the court overlay: `co-denver`, `co-arapahoe`, `co-county-courts` - For pre-filing QC: `co-quality-check`, `co-fact-check` - For deadline math: `co-deadlines` ## References - `references/motion-template.md` — annotated template - `references/121-1-15-motion-practice.md` — full text of the rule - `references/argument-structure.md` — pro-se drafting framework applied