Title 13, Courts and Court Procedure
0 chapters · 1,119 sections in this title.
Colo. Rev. Stat. § 13-61-105 Order of court
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Such officer shall abide by the order of the court with regard to paying into court any amount ordered, not, however, in excess of the salary, wages, earnings, or money due such officer, employee, or other person whose salary, wages, or money due him is sought to be held to the t…
Colo. Rev. Stat. § 13-62-101 Short title
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This article may be cited as the Uniform Foreign-country Money Judgments Recognition Act. Source: L. 2008: Entire article R&RE, p. 99, � 1, effective August 5.
Colo. Rev. Stat. § 13-62-102 Definitions
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In this article: (1) Foreign-country means a government other than: (a) The United States; (b) A state, district, commonwealth, territory, or insular possession of the United States; or (c) Any other government with regard to which the decision in this state as to whether to reco…
Colo. Rev. Stat. § 13-62-103 Applicability
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(1) Except as otherwise provided in subsection (2) of this section, this article applies to a foreign-country judgment to the extent that the judgment: (a) Grants or denies recovery of a sum of money; and (b) Under the law of the foreign country where rendered, is final, conclusi…
Colo. Rev. Stat. § 13-62-104 Standards for recognition of foreign-country judgment
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(1) Except as otherwise provided in subsections (2) and (3) of this section, a court of this state shall recognize a foreign-country judgment to which this article applies. (2) A court of this state may not recognize a foreign-country judgment if: (a) The judgment was rendered un…
Colo. Rev. Stat. § 13-62-105 Personal jurisdiction
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(1) A foreign-country judgment may not be refused recognition for lack of personal jurisdiction if: (a) The defendant was served with process personally in the foreign country; (b) The defendant voluntarily appeared in the proceeding, other than for the purpose of protecting prop…
Colo. Rev. Stat. § 13-62-106 Procedure for recognition of foreign-country judgment
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(1) If recognition of a foreign-country judgment is sought as an original matter, the issue of recognition shall be raised by filing an action seeking recognition of the foreign-country judgment. (2) If recognition of a foreign-country judgment is sought in a pending action, the …
Colo. Rev. Stat. § 13-62-107 Effect of recognition of foreign-country judgment
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(1) If the court in a proceeding under section 13-62-106 finds that the foreign-country judgment is entitled to recognition under this article then, to the extent that the foreign-country judgment grants or denies recovery of a sum of money, the foreign-country judgment is: (a) C…
Colo. Rev. Stat. § 13-62-108 Stay of proceedings pending appeal of foreign-country judgment
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If a party establishes that an appeal from a foreign-country judgment is pending or will be taken, the court may stay any proceedings with regard to the foreign-country judgment until the appeal is concluded, the time for appeal expires, or the appellant has had sufficient time t…
Colo. Rev. Stat. § 13-62-109 Statute of limitations
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An action to recognize a foreign-country judgment must be commenced within the earlier of the time during which the foreign-country judgment is effective in the foreign country or fifteen years from the date that the foreign-country judgment became effective in the foreign countr…
Colo. Rev. Stat. § 13-62-110 Uniformity of interpretation
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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 R&RE, p. 102, � 1, effective August 5.
Colo. Rev. Stat. § 13-62-111 Saving clause
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This article does not prevent the recognition under principles of comity or otherwise of a foreign-country judgment not within the scope of this article. Source: L. 2008: Entire article R&RE, p. 103, � 1, effective August 5.
Colo. Rev. Stat. § 13-62-112 Applicability
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This article applies to all actions commenced on or after August 5, 2008, in which the issue of recognition of a foreign-country judgment is raised. Source: L. 2008: Entire article R&RE, p. 103, � 1, effective August 5.
Colo. Rev. Stat. § 13-63-101 Default judgments in civil actions - affidavit
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(1) In every civil action in which the default of a party against whom a judgment for affirmative relief is sought has been entered, the court may enter judgment based upon affidavit of the party seeking such affirmative relief. (2) The court may require such supporting evidence …
Colo. Rev. Stat. § 13-64-101 Short title
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This article shall be known and may be cited as the Health Care Availability Act. Source: L. 88: Entire article added, p. 612, � 1, effective July 1.
Colo. Rev. Stat. § 13-64-102 Legislative declaration
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(1) The general assembly determines and declares that it is in the best interests of the citizens of this state to assure the continued availability of adequate health-care services to the people of this state by containing the significantly increasing costs of malpractice insura…
Colo. Rev. Stat. § 13-64-201 Legislative declaration
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(1) The general assembly declares the purposes of enacting this part 2 are to: (a) Alleviate the practical problems incident to the unpredictability of future losses; (b) Effectuate more precise awards of damages for actual losses; (c) Pay damages as the losses are found to accru…
Colo. Rev. Stat. § 13-64-202 Definitions
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As used in this part 2, unless the context otherwise requires: (1) Economic loss means pecuniary harm for which damages are recoverable under the laws of this state. (2) Future damages means damages of any kind arising from personal injuries which the trier of fact finds will acc…
Colo. Rev. Stat. § 13-64-203 Periodic payments
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(1) In any civil action for damages in tort brought against a health-care professional or a health-care institution, the trial judge shall enter a judgment ordering that awards for future damages be paid by periodic payments rather than by a lump-sum payment if the award for futu…
Colo. Rev. Stat. § 13-64-204 Special damages findings required
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(1) If liability is found in a trial under this part 2, the trier of fact, in addition to other appropriate findings, shall make separate findings for each claimant specifying the amount of: (a) Any past damages for each of the following types: (I) Medical and other costs of heal…
Colo. Rev. Stat. § 13-64-205 Determination of judgment to be entered
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(1) In order to determine what judgment is to be entered on a verdict requiring findings of special damages under this part 2, the court shall proceed as follows: (a) The court shall apply to the findings of past and future damages any applicable rules of law, including setoffs, …
Colo. Rev. Stat. § 13-64-206 Periodic installment obligations
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(1) A judgment for periodic payments under this part 2 shall provide that: (a) Such periodic payments are fixed and determinable as to amount and time of payment; (b) Such periodic payments cannot be accelerated, deferred, increased, or decreased by the recipient of such payments…
Colo. Rev. Stat. § 13-64-207 Form of funding
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(1) A judgment for periodic payments entered in accordance with this part 2 shall provide for payments to be funded in one or more of the following forms approved by the court: (a) Annuity contract issued by a company licensed to do business as an insurance company under the laws…
Colo. Rev. Stat. § 13-64-208 Funding the obligation
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(1) If the court enters a judgment for periodic payments under this part 2, then each party liable for all or a portion of the judgment, unless found to be incapable of doing so, shall separately or jointly with one or more others provide the funding for the periodic payments in …
Colo. Rev. Stat. § 13-64-209 Assignment of periodic payments
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(1) An assignment by a judgment creditor or an agreement by such person to assign any right to receive periodic payments for future damages contained in a judgment entered under this part 2 is enforceable only as to amounts: (a) To secure payment of alimony, maintenance, or child…
Colo. Rev. Stat. § 13-64-210 Exemption of benefits
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Except as provided in section 13-64-209, periodic payments for future damages contained in a judgment entered under this part 2 for loss of earnings are exempt from garnishment, attachment, execution, and any other process or claim to the extent that wages or earnings are exempt.…
Colo. Rev. Stat. § 13-64-211 Settlement agreements and consent judgments
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Nothing in this part 2 is to be construed to limit or affect the settlement of actions triable under this part 2 nor shall it apply to the settlement of actions except as otherwise agreed to by the parties. Parties to an action on a claim for personal injury may, but are not requ…
Colo. Rev. Stat. § 13-64-212 Satisfaction of judgment
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Upon entry of an order by the court that the form of funding complies with section 13-64-207 and that the funding of the obligation complies with section 13-64-208, the court shall order a satisfaction of judgment and discharge of the judgment debtor. Source: L. 88: Entire articl…
Colo. Rev. Stat. § 13-64-213 Effective date - applicability of part
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This part 2 shall take effect July 1, 1988, and shall apply to acts or omissions occurring on or after said date. Source: L. 88: Entire article added, p. 617, � 1, effective July 1.
Colo. Rev. Stat. § 13-64-301 Financial responsibility
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(1) As a condition of active licensure or authority to practice in this state, every physician, dentist, dental therapist, or dental hygienist; every physician assistant; and every health-care institution as defined in section 13-64-202, except as provided in section 13-64-303.5,…
Colo. Rev. Stat. § 13-64-302 Limitation of liability - interest on damages - definition
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(1) (a) As used in this section: (I) Derivative noneconomic loss or injury means noneconomic loss or injury to persons other than the person suffering the direct or primary loss or injury. Derivative noneconomic loss or injury does not include punitive or exemplary damages. (II) …
Colo. Rev. Stat. § 13-64-302.5 Exemplary damages - legislative declaration - limitations - distribution of damages collected
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(1) The general assembly hereby finds, determines, and declares that it is in the public interest to establish a consistent and uniformly applicable standard for the determination, amount, imposition, and distribution of exemplary monetary damages arising from civil actions and a…
Colo. Rev. Stat. § 13-64-303 Judgments and settlements - reported - penalties
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Any final judgment, settlement, or arbitration award against any health-care professional or health-care institution for medical malpractice shall be reported within fourteen days by the professional's or institution's medical malpractice insurance carrier in accordance with sect…
Colo. Rev. Stat. § 13-64-303.5 Exclusion - mental health-care facilities
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The provisions of section 13-64-301 do not apply to any outpatient mental health-care facility, including a behavioral health safety net provider, and to any extended care facility or hospice with sixteen or fewer inpatient beds, including to nursing homes or rehabilitation facil…
Colo. Rev. Stat. § 13-64-304 Effective date - applicability of part
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This part 3 shall take effect January 1, 1989, and shall apply to acts or omissions occurring on or after said date and to licenses, certification, or other authority granted on or after said date. Source: L. 88: Entire article added, p. 620, � 1, effective July 1.
Colo. Rev. Stat. § 13-64-401 Qualifications as expert witness in medical malpractice actions or proceedings
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No person shall be qualified to testify as an expert witness concerning issues of negligence in any medical malpractice action or proceeding against a physician unless he not only is a licensed physician but can demonstrate by competent evidence that, as a result of training, edu…
Colo. Rev. Stat. § 13-64-402 Collateral source evidence
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(1) In any action in a court or arbitration proceeding for personal injury against a health-care provider for professional negligence, the plaintiff shall, within sixty days after the commencement thereof, serve written notice thereof to the third party payer or provider of any a…
Colo. Rev. Stat. § 13-64-402.5 Evidence relating to legally protected health-care activity - legislative declaration
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(1) It is the general assembly’s intent to protect persons from liability in Colorado courts for taking actions specified in section 12-30-121, personally or professionally, that are not subject to discipline by a regulator pursuant to section 12-30-121. (2) In any medical malpra…
Colo. Rev. Stat. § 13-64-403 Agreement for medical services - alternative arbitration procedures - form of agreement - right to rescind
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(1) It is the intent of the general assembly that an arbitration agreement be a voluntary agreement between a patient and a health-care provider and no medical malpractice insurer shall require a health-care provider to utilize arbitration agreements as a condition of providing m…
Colo. Rev. Stat. § 13-64-404 Effective date - applicability of part
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This part 4 shall take effect July 1, 1988, and shall apply to acts or omissions occurring on or after said date and shall apply to agreements for medical services containing a binding arbitration provision on or after said date. Source: L. 88: Entire article added, p. 623, � 1, …
Colo. Rev. Stat. § 13-64-501 Definitions
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As used in this part 5, unless the context otherwise requires: (1) Health-care institution means any licensed or certified hospital, health-care facility, dispensary, or other institution for the treatment or care of the sick or injured. (2) Health-care professional means any per…
Colo. Rev. Stat. § 13-64-502 Limitation on actions
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(1) No claimant, including an infant or his personal representative, parents, or next of kin, may recover for any damage or injury arising from genetic counseling and screening and prenatal care, or arising from or during the course of labor, delivery, or the period of postnatal …
Colo. Rev. Stat. § 13-64-503 Effective date - applicability of part
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This part 5 shall take effect July 1, 1988, and shall apply to acts or omissions occurring on or after said date. Source: L. 88: Entire article added, p. 623, � 1, effective July 1.
Colo. Rev. Stat. § 13-65-101 Definitions
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As used in this article 65, unless the context otherwise requires: (1) (a) Actual innocence means a finding by clear and convincing evidence by a district court pursuant to section 13-65-102 that a person is actually innocent of a crime such that: (I) His or her conviction was th…
Colo. Rev. Stat. § 13-65-102 Process for petitioning for compensation - eligibility to petition - actual innocence required - jurisdiction
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(1) (a) Notwithstanding the provisions of article 10 of title 24, C.R.S., a person who has been convicted of a felony in this state and sentenced to a term of incarceration as a result of that conviction and has served all or part of such sentence, or an immediate family member o…
Colo. Rev. Stat. § 13-65-103 Compensation for certain exonerated persons - monetary compensation - financial literacy training - penalty for lack of a qualified health plan - expungement of records - damages awarded in civil actions
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(1) Except as otherwise provided in this article, a district court shall direct the state court administrator to compensate an exonerated person, or an immediate family member of an exonerated person, who is determined by a district court pursuant to section 13-65-102 to be actua…
Colo. Rev. Stat. § 13-71-101 Short title
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This article shall be known and may be cited as the Colorado Uniform Jury Selection and Service Act. Source: L. 89: Entire article R&RE, p. 765, � 1, effective January 1, 1990. Editor's note: This section is similar to former � 13-71-101 as it existed prior to 1989.
Colo. Rev. Stat. § 13-71-102 Definitions
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As used in this article, unless the context otherwise requires: (1) Clerk and clerk of the court include any deputy clerk or the jury commissioner. (2) Court means a district or county court of this state and includes any judge of the court. (2.5) Juror service means the period o…
Colo. Rev. Stat. § 13-71-103 Number of trial jurors
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A jury in civil cases shall consist of six persons, unless the parties agree to a smaller number, which shall be not less than three. Source: L. 89: Entire article R&RE, p. 766, � 1, effective January 1, 1990. Editor's note: This section is similar to former � 13-70-102 as it exi…
Colo. Rev. Stat. § 13-71-104 Eligibility for juror service - prohibition of discrimination
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(1) Juror service is a duty that every qualified person has an obligation to perform when selected. (2) All trial and grand jurors shall be selected at random from a fair cross section of the population of the area served by the court. All selected and summoned jurors shall serve…