Title 13, Courts and Court Procedure

(1) This article applies only to a foreign-money claim in an action or distribution proceeding. (2) This article applies to foreign-money issues even if other law under the conflict of laws rules of this state applies to other issues in the action or distribution proceeding. Sour…

(1) The effect of this article may be varied by agreement of the parties made before or after commencement of an action or distribution proceeding or the entry of judgment. (2) Parties to a transaction may agree upon the money to be used in a transaction giving rise to a foreign-…

(1) The money in which the parties to a transaction have agreed that payment is to be made is the proper money of the claim for payment. (2) If the parties to a transaction have not otherwise agreed, the proper money of the claim, as in each case may be appropriate, is the money:…

(1) If an amount contracted to be paid in a foreign money is measured by a specified amount of a different money, the amount to be paid is determined on the conversion date. (2) If an amount contracted to be paid in a foreign money is to be measured by a different money at the ra…

(1) A person may assert a claim in a specified foreign money. If a foreign-money claim is not asserted, the claimant makes the claim in United States dollars. (2) An opposing party may allege and prove that a claim, in whole or in part, is in a different money than that asserted …

(1) Except as provided in subsection (3) of this section, a judgment or award on a foreign-money claim must be stated in an amount of the money of the claim. (2) A judgment or award on a foreign-money claim is payable in that foreign money or, at the option of the debtor, in the …

The rate of exchange prevailing at or near the close of business on the day the distribution proceeding is initiated governs all exchanges of foreign money in a distribution proceeding. A foreign-money claimant in a distribution proceeding shall assert its claim in the named fore…

(1) With respect to a foreign-money claim, recovery of pre-judgment or pre-award interest and the rate of interest to be applied in the action or distribution proceeding, except as provided in subsection (2) of this section, are matters of the substantive law governing the right …

(1) If an action is brought to enforce a judgment of another jurisdiction expressed in a foreign money and the judgment is recognized in this state as enforceable, the enforcing judgment must be entered as provided in section 13-62.1-107, whether or not the foreign judgment confe…

(1) Computations under this section are for the limited purposes of the section and do not affect computation of the United States dollar equivalent of the money of the judgment for the purpose of payment. (2) For the limited purpose of facilitating the enforcement of provisional…

(1) If, after an obligation is expressed or a loss is incurred in a foreign money, the country issuing or adopting that money substitutes a new money in place of that money, the obligation or the loss is treated as if expressed or incurred in the new money at the rate of conversi…

Unless displaced by particular provisions of this article, the principles of law and equity, including the law merchant, and the law relative to capacity to contract, principal and agent, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy, or other validati…

This article shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this article among states enacting it. Source: L. 90: Entire article added, p. 882, § 1, effective January 1, 1991.

This article may be cited as the "Uniform Foreign-Money Claims Act". Source: L. 90: Entire article added, p. 882, § 1, effective January 1, 1991.

If any provision of this article or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this article which can be given effect without the invalid provision or application, and to this end the provision…

This article becomes effective on January 1, 1991. Source: L. 90: Entire article added, p. 882, § 1, effective January 1, 1991.

This article applies to actions and distribution proceedings commenced after January 1, 1991. Source: L. 90: Entire article added, p. 882, § 1, effective January 1, 1991.

This article 62.3 may be cited as the "Uniform Registration of Canadian Money Judgments Act". Source: L. 2020: Entire article added, (SB 20-114), ch. 68, p. 272, § 1, effective July 1, 2021.

In this article 62.3: (1) "Canada" means the sovereign nation of Canada and its provinces and territories. "Canadian" has a corresponding meaning. (2) "Canadian judgment" means a judgment of a court of Canada, other than a judgment that recognizes the judgment of another foreign …

(1) This article 62.3 applies to a Canadian judgment to the extent the judgment is within the scope of section 13-62-103, if recognition of the judgment is sought to enforce the judgment. (2) A Canadian judgment that grants both recovery of a sum of money and other relief may be …

(1) A person seeking recognition of a Canadian judgment to enforce the judgment may register the judgment in the office of the clerk of a court in which an action for recognition of the judgment could be filed under section 13-62-106. (2) A registration under subsection (1) of th…

(1) Subject to subsection (2) of this section, a Canadian judgment registered under section 13-62.3-104 has the same effect provided in section 13-62-107 for a judgment determined by a court to be entitled to recognition. (2) A Canadian judgment registered under section 13-62.3-1…

(1) A person that registers a Canadian judgment under section 13-62.3-104 shall cause notice of registration to be served on the person against whom the judgment has been registered. (2) Notice under this section must be served in the same manner that a summons and complaint must…

(1) Not later than thirty-five days after notice under section 13-62.3-106 is served, the person against whom the judgment was registered may petition the court to vacate the registration. The court for cause may provide for a shorter or longer time. (2) A petition under this sec…

A person that files a petition under section 13-62.3-107 (1) to vacate registration of a Canadian judgment may request the court to stay enforcement of the judgment pending determination of the petition. The court shall grant the stay if the court determines that the person has e…

(1) This article 62.3 supplements the "Uniform Foreign-Country Money Judgments Recognition Act", article 62 of this title 13, and that act, other than section 13-62-106, applies to a registration under this article 62.3. (2) A person may seek recognition of a Canadian judgment ei…

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. Source: L. 2020: Entire article added, (SB 20-114), ch. 68, p. 278, § 1, effective July 1, 2021.

This article 62.3 applies to the registration of a Canadian judgment entered in a proceeding commenced in Canada on or after July 1, 2021. Source: L. 2020: Entire article added, (SB 20-114), ch. 68, p. 279, § 1, effective July 1, 2021.

This article 62.3 takes effect July 1, 2021. Source: L. 2020: Entire article added, (SB 20-114), ch. 68, p. 279, § 1, effective July 1, 2021.

This article may be cited as the "Uniform Interstate Depositions and Discovery Act". Source: L. 2008: Entire article added, p. 196, § 1, effective August 5.

As used in this article, unless the context otherwise requires: (1) "Foreign jurisdiction" means a state other than this state. (2) "Foreign subpoena" means a subpoena issued under authority of a court of record of a foreign jurisdiction. (3) "Person" means an individual, corpora…

(1) To request issuance of a subpoena under this section, a party must submit a foreign subpoena to the district court for the county in which discovery is sought to be conducted in this state. A request for the issuance of a subpoena under this section does not constitute an app…

A subpoena issued by a clerk of court under section 13-90.5-103 must be served in compliance with section 13-90-115, rule 45 of the Colorado rules of civil procedure, and any other applicable statutes or rules of this state. Source: L. 2008: Entire article added, p. 197, § 1, eff…

Section 13-90-112, rule 37 of the Colorado rules of civil procedure, and any other applicable statutes or rules of this state apply to subpoenas issued under section 13-90.5-103. Source: L. 2008: Entire article added, p. 197, § 1, effective August 5. OFFICIAL COMMENT The Act requ…

An application to the court for a protective order or to enforce, quash, or modify a subpoena issued by a clerk of court under section 13-90.5-103 must comply with the rules or statutes of this state and be submitted to the district court for the county in which discovery is to b…

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. Source: L. 2008: Entire article added, p. 197, § 1, effective August 5. ADVOCATES