(a)Amendments. No writ or process shall be quashed, nor any order or decree set aside, nor any undertaking be held invalid, nor any affidavit, traverse, or other paper be held insufficient if the same is corrected within the time and manner prescribed by the court, which shall be liberal in permitting amendments.
(b)Use of Terms. Words used in the present tense shall include the future; singular shall include the plural; masculine shall include the feminine; person or party shall include all manner of organizations which may sue or be sued. The use of the word clerk, sheriff, marshal, or other officer means such officer or his deputy or other person authorized to perform his duties. The word “oath” includes the word “affirmation”; and the phrase “to swear” includes “to affirm”; signature or subscription shall include mark, when the person is unable to write, his name being written near it and witnessed by a person who writes his own name as a witness. A superintendent, overseer, foreman, sales director, or person occupying a similar position, may be considered a managing agent for the purposes of these rules.
(c)Certificates. Certificates shall be made in the name of the officer either by the officer or by his deputy.
(d)Cross Claimants, Counterclaimants and Third-Party Claimants. Where a cross claim, counterclaim or third-party claim is filed, the claimant thereunder shall have the same rights and remedies as if a plaintiff.
Annotation In construing section 128 of the former Code of Civil Procedure, relating to affidavits or bonds, the court held that amendments under that section must be confined to cases in which the insufficiency was not jurisdictional, and that the section was not intended to permit interposing of affidavit where there was either none at all or its equivalent. Mentzer v. Ellison, 7 Colo. App. 315, 43 P. 464 (1896). Prior to the adoption of this rule general assembly endeavored to make it plain that substance, not form, was the controlling consideration. Waite v. People, 83 Colo. 162, 262 P. 1009 (1928) (decided under ยง 478 of the former Code of Civil Procedure, which was replaced by the Rules of Civil Procedure in 1941).
