Title 13, Courts and Court Procedure
0 chapters · 1,119 sections in this title.
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 state of…
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.
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 d…
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) The…
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…
Colo. Rev. Stat. § 13-21-1001 Definitions
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As used in this article, unless the context otherwise requires: (1) Child means a person under eighteen years of age. (2) Sexual contact, sexual intrusion, and sexual penetration shall have the same meanings as set forth in section 18-3-401 (4), (5), and (6), C.R.S., respectively…
Colo. Rev. Stat. § 13-21-1002 Computer dissemination of indecent material to a child - prohibition
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(1) A person commits computer dissemination of indecent material to a child when: (a) Knowing the character and content of the communication which, in whole or in part, depicts actual or simulated nudity, or sexual conduct, as defined in section 19-1-103, the person willfully use…
Colo. Rev. Stat. § 13-21-1003 Civil penalty - action for recovery - distribution of proceeds - attorney fees
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(1) A person who is found in a civil action brought under this part 10 to have committed computer dissemination of indecent material to a child in violation of section 13-21-1002 shall forfeit and pay a civil penalty established pursuant to verdict or judgment. (2) (a) An action …
Colo. Rev. Stat. § 13-21-101 Interest on damages
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(1) In all actions brought to recover damages for personal injuries sustained by any person resulting from or occasioned by the tort of any other person, corporation, association, or partnership, whether by negligence or by willful intent of the other person, corporation, associa…
Colo. Rev. Stat. § 13-21-102 Exemplary damages
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(1) (a) In all civil actions in which damages are assessed by a jury for a wrong done to the person or to personal or real property, and the injury complained of is attended by circumstances of fraud, malice, or willful and wanton conduct, the jury, in addition to the actual dama…
Colo. Rev. Stat. § 13-21-102.5 Limitations on damages for noneconomic loss or injury - definitions
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(1) The general assembly finds, determines, and declares that awards in civil actions for noneconomic losses or injuries often unduly burden the economic, commercial, and personal welfare of persons in this state; therefore, for the protection of the public peace, health, and wel…
Colo. Rev. Stat. § 13-21-103 Damages for selling liquor to an intoxicated person
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Every husband, wife, child, parent, guardian, employer, or other person who is injured in person, or property, or means of support by any intoxicated person, or in consequence of the intoxication of any person, has a right of action, in his or her name, against any person who, by…
Colo. Rev. Stat. § 13-21-104 Damages for using animal left for keeping
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If any person keeping a public ranch or stable uses or allows to be used, without the consent of the owner, any horse, ox, mule, or ass that may have been left with him to be ranched or fed, he shall forfeit to the owner all ranch or stable fees that may be due upon such animal u…
Colo. Rev. Stat. § 13-21-105 Damages from fire set in woods or prairie - treble damages during drought conditions
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(1) If any person sets fire to any woods or prairie so as to damage any other person, such person shall make satisfaction for the damage to the party injured, to be recovered in an action before any court of competent jurisdiction. (2) (a) If a state of emergency or disaster due …
Colo. Rev. Stat. § 13-21-105.5 Infant crib safety act - legislative declaration - definitions - safety standards - exemptions - action for damages
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(1) This section shall be known and may be cited as the “Infant Used Crib Safety Act of 1998”. (2) The general assembly hereby finds that parents’ use of used infant cribs occasionally results in crib accidents that may lead to infants’ injuries or deaths, and therefore such used…
Colo. Rev. Stat. § 13-21-106 Broadcasting defamatory statements
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The owner, licensee, or operator of a visual or sound radio broadcasting station or network of stations and the agent or employees of any such owner, licensee, or operator shall not be liable for any damages for any defamatory statement published or uttered in or as a part of a v…
Colo. Rev. Stat. § 13-21-106.5 Civil damages for destruction or bodily injury caused by a bias-motivated crime
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(1) The victim, or a member of the victim’s immediate family, is entitled to recover damages from any person, organization, or association that commits or incites others to commit the offense of a bias-motivated crime as described in section 18-9-121 (2), C.R.S. Such person, orga…
Colo. Rev. Stat. § 13-21-106.7 Civil damages for preventing passage to and from a health-care facility and engaging in prohibited activity near facility
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(1) A person is entitled to recover damages and to obtain injunctive relief from any person who commits or incites others to commit the offense of preventing passage to or from a health-care facility or engaging in prohibited activity near a health-care facility, as defined in se…
Colo. Rev. Stat. § 13-21-107 Damages for destruction or bodily injury caused by minors
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(1) The state or any county, city, town, school district, or other political subdivision of the state, or any person, partnership, corporation, association, or religious organization, whether incorporated or unincorporated, is entitled to recover damages in an amount not to excee…
Colo. Rev. Stat. § 13-21-107.5 Civil damages for loss caused by theft
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(1) As used in this section, unless the context otherwise requires: (a) Emancipated minor means an individual under the age of eighteen years whose parents or guardian have surrendered parental responsibilities or custody, the right to the care, and earnings of such individual an…
Colo. Rev. Stat. § 13-21-108 Persons rendering emergency assistance exempt from civil liability
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(1) Any person licensed as a physician and surgeon under the laws of the state of Colorado, or any other person, who in good faith renders emergency care or emergency assistance to a person not presently his patient without compensation at the place of an emergency or accident, i…
Colo. Rev. Stat. § 13-21-108.1 Persons rendering emergency assistance through the use of automated external defibrillators - limited immunity - definition
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(1) The general assembly hereby declares that it is the intent of the general assembly to encourage the use of automated external defibrillators for the purpose of saving the lives of people in cardiac arrest. (2) As used in this section, unless the context otherwise requires, “A…
Colo. Rev. Stat. § 13-21-108.2 Persons rendering emergency assistance - competitive sports - exemption from civil liability
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(1) (a) Except as provided in subsection (2) of this section, a person licensed as a physician, osteopath, chiropractor, nurse, physical therapist, podiatrist, dentist, or optometrist or certified or licensed as an emergency medical service provider under part 2 of article 3.5 of…
Colo. Rev. Stat. § 13-21-108.3 Architects, building code officials, professional engineers, and professional land surveyors rendering assistance during emergency or disaster - qualified immunity from civil liability
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(1) An architect licensed pursuant to part 4 of article 120 of title 12, a building code official, a professional engineer licensed pursuant to part 2 of article 120 of title 12, or a professional land surveyor licensed pursuant to part 3 of article 120 of title 12 who voluntaril…
Colo. Rev. Stat. § 13-21-108.4 Persons rendering emergency assistance from a locked vehicle - exempt from criminal and civil liability - definitions
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(1) For purposes of this section, unless the context otherwise requires: (a) “Animal” means a dog or cat. The term “animal” does not include livestock, as defined in subsection (1)(c) of this section. (b) “At-risk person” means an at-risk adult, an at-risk adult with IDD, an at-r…
Colo. Rev. Stat. § 13-21-108.5 Persons rendering assistance relating to discharges of hazardous materials - legislative declaration - exemption from civil liability
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(1) The general assembly hereby finds and declares that knowledgeable individuals and organizations should be encouraged to lend expert assistance in the event of accidental or threatened discharges of hazardous materials. The purpose of this section is to so encourage such indiv…
Colo. Rev. Stat. § 13-21-108.7 Persons rendering emergency assistance through the administration of an opioid antagonist - limited immunity - legislative declaration - definitions
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(1) Legislative declaration. The general assembly encourages the administration and distribution of opioid antagonists, including expired opioid antagonists, by persons and entities, including law enforcement personnel, school district personnel, and health-care providers, for th…
Colo. Rev. Stat. § 13-21-108.8 Persons furnishing a non-laboratory synthetic opiate detection test or a non-laboratory additive detection test - limited immunity - definitions
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(1) Except as provided in subsection (2) of this section, a person who or entity that acts in good faith to furnish a non-laboratory synthetic opiate detection test or a non-laboratory additive detection test, including an expired non-laboratory synthetic opiate detection test or…
Colo. Rev. Stat. § 13-21-108.9 Landowner allowing access to property during emergency - limited immunity - definitions
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(1) As used in this section, unless the context otherwise requires: (a) “Emergency” means: (I) A fire, rescue call, or hazardous materials incident; (II) A natural or human-caused disaster such as an earthquake, wildfire, flood, or severe weather event; or (III) An incident reaso…
Colo. Rev. Stat. § 13-21-109 Recovery of damages for checks, drafts, or orders not paid upon presentment
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(1) Any person who obtains money, merchandise, property, or other thing of value, or who makes any payment of any obligation other than an obligation on a consumer credit transaction as defined in section 5-1-301 by means of making any check, draft, or order for the payment of mo…
Colo. Rev. Stat. § 13-21-109.5 Recovery of damages for fraudulent use of social security numbers
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(1) No person shall buy or otherwise obtain or sell, offer for sale, take or give in exchange, pledge or give in pledge, or use any individual’s social security account number, or any derivative of such number, for the purpose of committing fraud or fraudulently using or assuming…
Colo. Rev. Stat. § 13-21-110 Medical committee - privileged communication - limitation on liability
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(1) Any information, data, reports, or records made available to a utilization review committee of a hospital or other health-care facility, as required by state or federal law, is confidential and shall be used by such committee and the members thereof only in the exercise of th…
Colo. Rev. Stat. § 13-21-1101 Short title
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This part 11 shall be known and may be cited as the Commonsense Consumption Act. Source: L. 2004: Entire part added, p. 759, � 1, effective May 17.
Colo. Rev. Stat. § 13-21-1102 Legislative declaration
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(1) The general assembly hereby finds and declares that: (a) Obesity and many other conditions that are detrimental to the health and well-being of individuals are frequently long-term manifestations of poor choices that are habitually made by those individuals; (b) Despite comme…
Colo. Rev. Stat. § 13-21-1103 Definitions
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For the purposes of this part 11, unless the context otherwise requires: (1) Claim means any claim by or on behalf of a natural person and any derivative or other claim arising therefrom that is asserted by or on behalf of any other person. (2) Food means any food or beverage, in…
Colo. Rev. Stat. § 13-21-1104 Actions against food providers that comply with applicable state and federal laws - exemptions
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(1) Except as otherwise provided in subsection (2) of this section, a manufacturer, packer, distributor, carrier, holder, or seller of a food, or an association of one or more such entities, shall not be subject to civil liability for any claim arising from weight gain, obesity, …
Colo. Rev. Stat. § 13-21-1105 Pleading requirements
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(1) In any action permitted under section 13-21-1104 (2), the plaintiff shall state the following with particularity in the complaint: (a) The statute, regulation, or other provision of state or federal law that was allegedly violated; (b) The facts that are alleged to constitute…
Colo. Rev. Stat. § 13-21-1106 Stay of proceedings pending motion to dismiss
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(1) In any action brought against a manufacturer, packer, distributor, carrier, holder, or seller of a food for claims related to the long-term consumption of food, all proceedings including but not limited to discovery shall be stayed during the pendency of a motion to dismiss u…