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Colorado Statutes, Title 13

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Title 13, Courts and Court Procedure

0 chapters · 1,240 sections in this title.

All chapters in Title 131,240 Ch 21121 Ch 167 Ch 2267 Ch 655 Ch 7148 Ch 547 Ch 2046 Ch 9342 Ch 2541 Ch 1031 Ch 4029 Ch 6429 Ch 9029 Ch 227

46 sections·Filtered byTitle 13✕Ch 20✕

Colo. Rev. Stat. § 13-20-1001 Short title
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This part 10 shall be known and may be cited as the "Colorado Citizens' Access to Colorado Courts Act". Source: L. 2004: Entire part added, p. 401, § 1, effective August 4.
Colo. Rev. Stat. § 13-20-1002 Legislative declaration
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(1) The general assembly finds and declares: (a) The courts of this state are overworked and subject to overloaded dockets; (b) Section 6 of article II of the Colorado constitution guarantees citizens of this state access to the courts of this state; and (c) Cases filed by nonres…
Colo. Rev. Stat. § 13-20-1003 Definitions
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As used in this part 10, unless the context otherwise requires: (1) (a) "Alternative forum" means a functioning governmental division with judicial powers that may provide redress for a claim, without regard to whether the redress provided is equivalent to the redress provided un…
Colo. Rev. Stat. § 13-20-1004 Forum non conveniens
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(1) In any action otherwise properly filed in a court of this state, a motion to dismiss without prejudice under the doctrine of forum non conveniens shall be granted if: (a) The claimant or claimants named in the motion are not residents of the state of Colorado; (b) An alternat…

Colo. Rev. Stat. § 13-20-101 What actions survive

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(1) All causes of action, except actions for slander or libel, shall survive and may be brought or continued notwithstanding the death of the person in favor of or against whom such action has accrued, but punitive damages shall not be awarded nor penalties adjudged after the dea…

Colo. Rev. Stat. § 13-20-102 Effect of repeal

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The repeal of part 3 of this article concerning informed consent to medical procedures shall not have the effect of invalidating any previous judicial decision relating to requirements for informed consent or liability imposed for the lack thereof. Source: L. 77: Entire section a…

Colo. Rev. Stat. § 13-20-1101 Action involving exercise of constitutional rights - motion to dismiss - appeal - legislative declaration - definitions

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(1) (a) The general assembly finds and declares that it is in the public interest to encourage continued participation in matters of public significance and that this participation should not be chilled through abuse of the judicial process. (b) The general assembly finds that th…

Colo. Rev. Stat. § 13-20-1102 Motion to dismiss - appeal - definitions

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(1) As used in this section, unless the context otherwise requires: (a) "Complaint" means a petition or cross-complaint. (b) "Defendant" means a respondent or cross-defendant. (c) "Plaintiff" means a petitioner or cross-complainant. (d) "Protected statement by a victim-survivor" …

Colo. Rev. Stat. § 13-20-1201 Definitions

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As used in this part 12, unless the context otherwise requires: (1) "Actor" means a person accused of committing sexual misconduct. (2) "Agent" means a person who, subject to the control of another person or organization, acts for, or on behalf of, the other person or organizatio…

Colo. Rev. Stat. § 13-20-1202 Civil cause of action for sexual misconduct against a minor - exceptions

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(1) A person who is a victim of sexual misconduct that occurred when the victim was a minor may bring a civil action for damages against: (a) An actor who committed the sexual misconduct; and (b) A managing organization that knew or should have known that an actor or youth-relate…

Colo. Rev. Stat. § 13-20-1203 Limitation on action - retroactive application

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(1) Notwithstanding any other provision of law, a person who was the victim of sexual misconduct that occurred when the victim was a minor and that occurred on or after January 1, 2022, may bring an action pursuant to this part 12 at any time without limitation. (2) A person who …

Colo. Rev. Stat. § 13-20-1204 Waiver of liability void

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Any pre-incident waiver, either for consideration or gratuitously, of a person's right to bring an action pursuant to this part 12 is void as against public policy. Source: L. 2021: Entire part added, (SB 21-088), ch. 442, p. 2926, § 2, effective January 1, 2022.

Colo. Rev. Stat. § 13-20-1205 No contributory negligence - interest on damages - limitation on damages

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(1) Notwithstanding sections 13-21-111 and 13-21-111.5, a court or jury shall not allocate any damages awarded in an action brought pursuant to this part 12 in any proportion against a victim of sexual misconduct. (2) Notwithstanding section 13-21-101, prejudgment interest on a c…

Colo. Rev. Stat. § 13-20-1206 Attorney fees

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Section 13-17-201, which requires an award of attorney fees to defendants in certain actions dismissed prior to trial, does not apply to an action brought pursuant to this part 12. Source: Entire part added, (SB 21-088), ch. 442, p. 2926, § 2, effective January 1, 2022.

Colo. Rev. Stat. § 13-20-1207 Applicability of part to public entities and public employees - damages - no duty to indemnify

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(1) (a) Notwithstanding sections 22-12-104, 24-10-105, 24-10-106, 24-10-108, and 24-10-118, or any other state law that prohibits civil actions against a public employee or public entity, a person may bring a claim alleging liability for injuries arising from sexual misconduct pu…

Colo. Rev. Stat. § 13-20-1301 Actions for tracking a person without consent - definitions

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(1) As used in this section, unless the context otherwise requires: (a) "Actor" means a person who tracks another person through the use of a tracking application or tracking device. (b) "Tracking application" means any software program that permits an actor to remotely determine…

Colo. Rev. Stat. § 13-20-1302 Actions based on sexual orientation or gender identity change efforts - limitation - damages - legislative intent - definitions

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(1) As used in this section, unless the context otherwise requires: (a) "Licensed mental health professional" means a mental health provider who holds or held a valid license, certification, or registration issued pursuant to article 245 of title 12 at the time the sexual orienta…

Colo. Rev. Stat. § 13-20-1303 Action for access to adjoining property to accomplish repairs or maintenance - applicability - definitions

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(1) As used in this section, unless the context otherwise requires: (a) "Adjoining owner" means the owner of real property that adjoins a requesting owner's property and onto which a requesting owner seeks entry. (b) "Refuse" means an adjoining owner's: (I) Denial to the requesti…

Colo. Rev. Stat. § 13-20-201 Legislative declaration

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The remedies provided by law on or before April 27, 1937, for the enforcement of actions based upon alleged alienation of affections, criminal conversation, seduction, and breach of contract to marry have been subjected to grave abuses, caused extreme annoyance, embarrassment, hu…

Colo. Rev. Stat. § 13-20-202 Civil causes abolished

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All civil causes of action for breach of promise to marry, alienation of affections, criminal conversation, and seduction are hereby abolished. Source: L. 37: p. 403, § 1. CSA: C. 24A, § 1. CRS 53: § 41-3-1. C.R.S. 1963: § 41-3-1. ANNOTATION The general assembly has abolished the…

Colo. Rev. Stat. § 13-20-203 Breach of contract to marry not actionable

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No act done within this state shall operate to give rise, either within or without this state, to any of the rights of action abolished by this part 2. No contract to marry made or entered into in this state shall operate to give rise, either within or without this state, to any …

Colo. Rev. Stat. § 13-20-204 Certain contracts made in settlement of claims void

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(1) All contracts and instruments of every kind, name, nature, or description which may be executed within this state in payment, satisfaction, settlement, or compromise of any claim or cause of action abolished or barred by this part 2, whether such claim or cause of action aros…

Colo. Rev. Stat. § 13-20-205 Unlawful to file pleading

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It is unlawful for any person, either as litigant or attorney, to file, cause to be filed, threaten to file, or threaten to cause to be filed in any court of this state any pleading or paper setting forth or seeking to recover upon any cause of action abolished or barred by this …

Colo. Rev. Stat. § 13-20-206 Unlawful to name correspondent

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It is unlawful for any person, either as litigant or attorney, to file, cause to be filed, threaten to file, or threaten to cause to be filed in any court of this state any pleading or paper naming or describing in such manner as to identify any person as correspondent or partici…

Colo. Rev. Stat. § 13-20-207 Correspondent not to be disclosed - cross-examination - effect

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(1) No attorney appearing in any of the proceedings mentioned in section 13-20-206 on behalf of a party thereto asserting misconduct by the adverse party shall ask of any witness any question intended or calculated to disclose the name or identity of any third person charged as c…

Colo. Rev. Stat. § 13-20-208 Penalty for violations

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Any person who violates any provision of sections 13-20-204 to 13-20-206 commits a petty offense. Source: L. 37: p. 408, § 9. CSA: C. 24A, § 9. CRS 53: § 41-3-8. C.R.S. 1963: § 41-3-8. L. 2021: Entire section amended, (SB 21-271), ch. 462, p. 3158, § 155, effective March 1, 2022.…

Colo. Rev. Stat. § 13-20-401 Definitions

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As used in this part 4, unless the context otherwise requires: (1) "Electroconvulsive treatment" means electroshock therapy, shock treatment, shock therapy, ECT, or EST and is the passage of electrical current through a patient's head in a voltage sufficient to induce a seizure. …

Colo. Rev. Stat. § 13-20-402 Physician to provide information for written informed consent

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At any time prior to performance of electroconvulsive treatment, a physician shall provide his patient with sufficient information relating to the proposed electroconvulsive treatment to enable said patient to give written informed consent to the proposed electroconvulsive treatm…

Colo. Rev. Stat. § 13-20-403 Restrictions on electroconvulsive treatment - rights of minors

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(1) (Deleted by amendment, L. 2024). (2) Electroconvulsive treatment may be performed on a minor who is sixteen years of age or older but under eighteen years of age only if two individuals licensed to practice medicine in Colorado and specializing in psychiatry approve the treat…

Colo. Rev. Stat. § 13-20-601 Legislative declaration

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The general assembly hereby declares that, in enacting this part 6, the general assembly has determined that the certificate of review requirement should be utilized in civil actions for negligence brought against those professionals who are licensed by this state to practice a p…

Colo. Rev. Stat. § 13-20-602 Actions against licensed professionals and acupuncturists - certificate of review required

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(1) (a) In every action for damages or indemnity based upon the alleged professional negligence of an acupuncturist regulated pursuant to article 200 of title 12 or a licensed professional, the plaintiff's or complainant's attorney shall file with the court a certificate of revie…

Colo. Rev. Stat. § 13-20-701 Legislative declaration

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Federal and state environmental laws provide that the owner of real property is liable for cleanup of property contamination and define who is the owner of such property. If a borrower defaults on a loan, a lender must decide whether to foreclose and potentially become the owner.…

Colo. Rev. Stat. § 13-20-702 Definitions

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As used in this part 7, unless the context otherwise requires: (1) "Contaminate or pollute", "contaminating or polluting", or "contamination or pollution" means contamination or pollution of air, water, real or personal property, animals, or human beings from a location in the st…

Colo. Rev. Stat. § 13-20-703 Environmental third-party liability - ownership

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(1) Except as preempted by federal law, no person or entity shall be deemed to be an owner or operator of real or personal property who, without participating in the management of the subject real or personal property, holds indicia of ownership primarily to protect a security or…

Colo. Rev. Stat. § 13-20-801 Short title

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This part 8 shall be known and may be cited as the "Construction Defect Action Reform Act". Source: L. 2001: Entire part added, p. 388, § 1, effective August 8. ANNOTATION Law reviews. For article, "The Homeowner Protection Act Charitable Organization Exemption", see 53 Colo. Law…

Colo. Rev. Stat. § 13-20-802 Legislative declaration

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The general assembly hereby finds, declares, and determines that changes in the law are necessary and appropriate concerning actions claiming damages, indemnity, or contribution in connection with alleged construction defects. It is the intent of the general assembly that this pa…

Colo. Rev. Stat. § 13-20-802.5 Definitions

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As used in this part 8, unless the context otherwise requires: (1) "Action" means a civil action or an arbitration proceeding for damages, indemnity, or contribution brought against a construction professional to assert a claim, counterclaim, cross-claim, or third party claim for…

Colo. Rev. Stat. § 13-20-803 List of defects required

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(1) In addition to the notice of claim required by section 13-20-803.5, in every action brought against a construction professional, the claimant shall file with the court or arbitrator and serve on the construction professional an initial list of construction defects in accordan…

Colo. Rev. Stat. § 13-20-803.3 Multifamily construction incentive program - created - construction defect claims against architects and engineers - statute of limitations - affirmative defenses

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(1) The multifamily construction incentive program is created. On and after January 1, 2026, a builder of multifamily, attached housing of two or more units may participate in the program by: (a) Providing a warranty that covers any defect and damage at no cost to the homeowner f…

Colo. Rev. Stat. § 13-20-803.5 Notice of claim process - duty to mitigate

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(1) (a) No later than seventy-five days before filing an action against a construction professional, or no later than ninety days before filing the action in the case of a commercial property, a claimant shall send or deliver a written notice of claim to the construction professi…

Colo. Rev. Stat. § 13-20-804 Restriction on construction defect negligence claims

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(1) No negligence claim seeking damages for a construction defect may be asserted in an action if such claim arises from the failure to construct an improvement to real property in substantial compliance with an applicable building code or industry standard; except that such clai…

Colo. Rev. Stat. § 13-20-805 Tolling of statutes of limitation

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(1) If a notice of claim is sent to a construction professional in accordance with section 13-20-803.5 within the time prescribed for the filing of an action under the applicable statute of limitations or repose, then the statute of limitations or repose is tolled until sixty day…

Colo. Rev. Stat. § 13-20-806 Limitation of damages

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(1) A construction professional otherwise liable shall not be liable for more than actual damages, unless and only if the claimant otherwise prevails on the claim that a violation of the "Colorado Consumer Protection Act", article 1 of title 6, C.R.S., has occurred; and if: (a) T…

Colo. Rev. Stat. § 13-20-807 Express warranty - not affected

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The provisions of this part 8 are not intended to abrogate or limit the provisions of any express warranty or the obligations of the provider of such warranty. The provisions of this part 8 shall apply to those circumstances where an action is filed asserting one or more claims f…

Colo. Rev. Stat. § 13-20-808 Insurance policies issued to construction professionals

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(1) (a) The general assembly finds and determines that: (I) The interpretation of insurance policies issued to construction professionals is of vital importance to the economic and social welfare of the citizens of Colorado and in furthering the purposes of this part 8. (II) Insu…

Colo. Rev. Stat. § 13-20-901 Class actions - appellate review

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(1) A court of appeals may, in its discretion, permit an interlocutory appeal of a district court's order that grants or denies class action certification under court rule so long as application is made to the court of appeals within fourteen days after entry of the district cour…