(a) No Attorneys. Except as authorized by Section 13-6-407 , C.R.S., rule 509(b)(2) and this rule, no attorney shall appear on behalf of any party in the small claims court. (b) When Attorneys are Permitted in Small Claims Court. On the written notice of the defendant, that the defendant will be represented by an attorney, pursuant to forms appended to these rules filed not less than seven days before the first scheduled trial date, the defendant may be represented by an attorney. The notice of Representation shall advise the plaintiff of the plaintiff's right to counsel. Thereupon, plaintiff may also be represented by an attorney. If the notice is not filed at least seven days before the date set for the first scheduled trial date in the small claims court, no attorney shall appear for either party. (c) Cases Heard by County Court Judge. Cases in which attorneys will appear may be heard by a county court judge pursuant to a standing order of the chief judge of any judicial district or of the presiding judge of the Denver county court. (d) Sanctions. If the defendant appears at the trial without an attorney or fails to appear at the trial, and the court finds that the defendant's notice of representation by an attorney was made in bad faith, the court may award the plaintiff any costs, including reasonable attorney fees, occasioned thereby. (e) Small Claims Court Rules to Apply. Any small claims court action in which an attorney appears shall be processed and tried pursuant to the statutes and court rules governing small claims court actions. Colo. R. Sm. Clm. Ct. P. 520
Entire chapter repealed and readopted February 24, 1994, effective 7/1/1994; entire rule amended and effective 9/6/2001; (b) and (e) amended and effective and (f) deleted and effective 1/11/2007. ANNOTATION It is within the discretion of the small claims court to continue an appearance date, the trial, or both, for good cause. When the court continues the appearance date, the court must also recognize a defendant's right to file a motion to transfer pursuant to section (b) so long as said motion is filed at least seven days prior to the continued appearance date. This interpretation of rule is particularly reasonable where small claims court continues a trial on its own motion to give the petitioner time to file a responsive pleading, pay the filing fee, and secure the assistance of a translator. Semental v. Denver County Court, 978 P.2d 668 (Colo. 1999). Given the liberal interpretation afforded to procedural rules, district court abused its discretion by dismissing petitioner's motion for transfer as untimely filed under section (b) and appellate remedy would be inadequate. Accordingly, court makes the rule to show cause absolute and directs district court to grant petitioner's motion for transfer to county court. Semental v. Denver County Court, 978 P.2d 668 (Colo. 1999).