Rule 251.15.Answer -- Filing, Failure to Answer, Default 
 (a)Answer.  Within twenty days after service of the citation and 
 complaint, or within such greater period of time as may be approved by 
 the Presiding Disciplinary 
 Judge, the respondent shall file an original and three copies of an answer to 
 the 
 complaint with the Presiding Disciplinary Judge and one copy with the 
 Regulation 
 Counsel.  In the answer the respondent shall either admit or deny every 
 material 
 allegation contained in the complaint, or request that the allegation be set 
 forth with 
 greater particularity.  In addition, the respondent shall set forth in the 
 answer any 
 affirmative defenses.  Any objection to the complaint which a respondent may 
 assert, 
 including a challenge to the complaint for failure to charge misconduct 
 constituting 
 grounds for discipline, must also be set forth in the answer. 
  
 (b)Failure to Answer, and Default.  If the respondent fails to file an 
 answer within the period provided by subsection (a) of this Rule, 
 the Regulation Counsel shall 
 file a motion for default with the Presiding Disciplinary Judge.  Thereafter, 
 the 
 Presiding Disciplinary Judge shall enter a default and the complaint shall be 
 deemed 
 admitted; provided, however, that a respondent who fails to file a timely 
 answer may, 
 upon a showing that the failure to answer was the result of mistake, 
 inadvertence, 
 surprise, or excusable neglect, obtain leave of the Presiding Disciplinary 
 Judge to file an 
 answer. 
  
 Notwithstanding the entry of a default, the Regulation Counsel shall give the 
 respondent notice of the final hearing, at which the respondent may appear and 
 present 
 arguments to the Hearing Board regarding the form of discipline to be imposed. 
  
 Thereafter, the Hearing Board shall review all pleadings, arguments, and the 
 report of investigation and shall prepare a report setting forth its findings 
 of fact and its 
 decision as provided in C.R.C.P. 251.19. 
  
 

                                                                
ANNOTATIONSSource: 
 Amended and adopted June 25, 1998, effective January 1, 1999. 
  
  
  
 Editor's note: 
 This rule was previously numbered as 
 241.13. 
  
  
  
 Annotator's note. 
 The following annotations include cases decided under former 
 C.R.C.P. 241.13, which was similar to this rule. 
  
 Both the charges and the well-pleaded facts are deemed admitted by 
 the entry of a default judgment.  People v. Richards, 748 P.2d 341 
 (Colo. 1987). 
  
 The allegations of fact were deemed admitted where attorney did not 
 answer the complaint filed in the case and the hearing board entered a 
 default against him.  People v. Davies, 926 P.2d 572 (Colo. 1996); 
 In re Demaray, 8 P.3d 427 (Colo. 1999). 
  
 Applied in People v. Moore, 681 P.2d 480 (Colo. 1984); 
 People v. Stauffer, 745 P.2d 240 (Colo. 1987); 
 People v. Jacobson, 747 P.2d 654 (Colo. 1987); 
 People v. Dohe, 800 P.2d 71 (Colo. 1990); 
 People v. Ashley, 817 P.2d 965 (Colo. 1991); 
 People v. Rouse, 817 P.2d 967 (Colo. 1991); 
 People v. Barr, 855 P.2d 1386 (Colo. 1993); 
 In the Matter of Scott, 979 P.2d 572 (Colo. 1999).