(1)(a)
The defendant shall file with the court, at or before the day specified for the
defendant's appearance in the summons, an answer in writing. The defendant's
answer must set forth the grounds on which the defendant bases the defendant's
claim for possession, admitting or denying all of the material allegations of the
complaint, and presenting every defense that then exists and upon which the
defendant intends to rely, either by including the same in the defendant's answer or
by simultaneously filing motions setting forth each defense.
(b)If the defendant asserts by motion that the defendant did not timely file
an answer in writing because the defendant is a victim-survivor of unlawful sexual
behavior, stalking, domestic violence, or domestic abuse and did not receive or
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(1) (a)
The defendant shall file with the court, at or before the day specified for the
defendant's appearance in the summons, an answer in writing. The defendant's
answer must set forth the grounds on which the defendant bases the defendant's
claim for possession, admitting or denying all of the material allegations of the
complaint, and presenting every defense that then exists and upon which the
defendant intends to rely, either by including the same in the defendant's answer or
by simultaneously filing motions setting forth each defense.
(b) If the defendant asserts by motion that the defendant did not timely file
an answer in writing because the defendant is a victim-survivor of unlawful sexual
behavior, stalking, domestic violence, or domestic abuse and did not receive or have
a reasonable opportunity to review the summons and complaint or the defendant
was otherwise unable to appear, the court shall relieve the defendant from final
judgment and vacate any judgment or writ of restitution that may have been issued
and provide the defendant with a reasonable amount of time, no less than seven
days, to submit an answer to the complaint.
(2) The court for good cause may permit the filing of additional and amended
pleadings if it will not result in a delay prejudicial to the defendant. If the defendant
asserts a defense described in section 13-40-104 (4)(a), the court shall permit the
filing of additional and amended pleadings.
(2.5) A defendant may assert as an affirmative defense to a proceeding
under this article 40 that the landlord violated or is in violation of a provision of part
5 of article 34 of title 24.
(3) A defendant does not waive any defense related to proper notice by filing
an answer pursuant to this section. A defendant can raise a defense related to
proper notice in the defendant's answer or by filing a motion prehearing. A
defendant cannot raise this defense for the first time at the hearing if the
defendant failed to raise it in the defendant's answer or in a prehearing motion.
(4) After an answer is provided to the court pursuant to this section:
(a) The court shall set a date for trial no sooner than seven days, but not
more than ten days, after the answer is filed, unless the defendant requests a
waiver of the requirement in the defendant's answer or after filing an answer;
except that a court may extend beyond ten days if either party demonstrates good
cause for an extension, if the court otherwise finds justification for the extension, or
if a party participating remotely pursuant to section 13-40-113.5 was disconnected
and unable to reestablish connection. The requirement set forth in this subsection
(4)(a) does not apply to a forcible entry and detainer petition that alleges a
substantial violation, as defined in section 13-40-107.5 (3), or terminates a tenancy
pursuant to section 38-12-203 (1)(f), unless the alleged substantial violation or
termination of tenancy is a result of unlawful sexual behavior, stalking, domestic
violence, or domestic abuse, provided that the court has been made aware that the
tenant is a victim-survivor.
(a.5) If a defendant in an action filed pursuant to this article 40 asserts a
defense described in section 13-40-104 (4)(a) and requests an extension of a
scheduled trial date, the court shall find good cause exists to extend the trial date
beyond ten days after the answer is filed and shall make all reasonable efforts to
schedule the trial date to accommodate any safety concerns raised by the
defendant requesting the extension.
(b) In the time after an answer is filed and before a trial occurs, the court
shall order that the landlord or tenant provide any documentation relevant to the
current action that either party requests pursuant to section 13-40-111 (6)(b).
(c) The court shall provide any party who opted to participate remotely with
necessary information to facilitate such participation. The information must include
a phone number and email address for the court and instructions on what to do in
the event remote participation is disrupted.