Colorado Supreme Court Withdraws Prior Opinion Regarding Tenant’s Statutory Right to Jury Trial in Certain Eviction Proceedings
Co-Author: Britney Beall-Eder
The saga continues. Previously, on October 21, 2024, the Colorado Supreme Court issued a noteworthy opinion in In re Mercy Housing Management Group, Inc. v. Naomi Bermudez, holding that a tenant has a statutory right to a jury trial in Colorado to determine disputed factual issues in certain forcible entry and detainer (eviction) proceedings.
However, on December 16, 2024, the Supreme Court withdrew its opinion. Following a petition for rehearing, the Court issued an order withdrawing its prior opinion, noting that the Court’s prior holding rested on a factual premise that was inaccurate that the tenant was personally served in the case, as opposed to service by posting only. Upon rehearing, and after further review, the Court determined that the statutory language in question in C.R.S. § 13-40-115 was unclear, and that it was the legislature’s role to clarify its intent. Specifically, the Court wrote:
- Based on the petition for rehearing and the responses thereto, the Court now concludes that section 13-40-115 does not make clear whether a party has a right to a jury trial in FED-possession actions, and if so, in what circumstances that right applies. The Court is unwilling to proceed by judicial fiat. Rather, it is up to the legislature to clarify its intent with respect to whether section 13-40-115 confers a jury-trial right in FED-possession actions, and if so, in what circumstances that right applies. The Court expresses no opinion on these questions.
Therefore, for now, the judge in an eviction proceeding will continue to be the fact finder in the case, determining all disputed factual issues in eviction proceedings related to the issue of possession.
This article is not and shall not be construed as legal advice. Statutory text and case law should be reviewed for specifics and certain exceptions may apply that are beyond the scope of this article. For lease enforcement and eviction guidance, contact attorney Caroline Young.
Please also see related article here.
