reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JUDGMENTS AND EXECUTIONS (§§ 13-51-101 — 13-65-103) › Article 64 - HEALTH CARE AVAILABILITY ACT (§§ 13-64-101 — 13-64-503) › Part 2 - PERIODIC PAYMENTS OF TORT JUDGMENTS (§§ 13-64-201 — 13-64-213) › Section 13-64-203 - Periodic payments

(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 future damages exceeds the present value of one hundred fifty thousand dollars, as determined by the court.
(2)
In any such action in which the award for future damages is one hundred fifty thousand dollars or less, present value, the trial judge may order that awards for future damages be paid by periodic payments.
L. 88: Entire article added, p. 614, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JUDGMENTS AND EXECUTIONS (§§ 13-51-101 — 13-65-103) › Article 64 - HEALTH CARE AVAILABILITY ACT (§§ 13-64-101 — 13-64-503) › Part 2 - PERIODIC PAYMENTS OF TORT JUDGMENTS (§§ 13-64-201 — 13-64-213) › Section 13-64-204 - Special damages findings required

(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 health care;
(II)
Other economic loss except loss of earnings;
(III)
Loss of earnings; and
(IV)
Noneconomic loss;
(b)
Any future damages and the period of time over which they will be paid, for each of the following types:
(I)
Medical and other costs of health care;
(II)
Other economic loss except loss of future earnings which would be incurred for the life of the claimant or any lesser period;
(III)
Loss of future earnings which would be incurred for the work life expectancy of the claimant or a lesser period; and
(IV)
Noneconomic loss which would be incurred for the life of the claimant or any lesser period.
(2)
The calculation of all future damages under subparagraphs (I), (II), and (IV) of paragraph (b) of subsection (1) of this section shall reflect the costs and losses during the period of time, including life expectancy, if appropriate, that the claimant will sustain those costs and losses. The calculation of loss under subparagraph (III) of paragraph (b) of subsection (1) of this section shall be based on loss during the period of time the claimant would have earned income but for the injury upon which the claim is based.
(3)
The fact that payment of any judgment will be paid by periodic payments shall not be disclosed to a jury.
L. 88: Entire article added, p. 614, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JUDGMENTS AND EXECUTIONS (§§ 13-51-101 — 13-65-103) › Article 64 - HEALTH CARE AVAILABILITY ACT (§§ 13-64-101 — 13-64-503) › Part 2 - PERIODIC PAYMENTS OF TORT JUDGMENTS (§§ 13-64-201 — 13-64-213) › Section 13-64-206 - Periodic installment obligations

(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; and
(c)
The recipient of such payments shall be a general creditor of the qualified insurer.
(2)
Unless the court directs otherwise and the parties otherwise agree, payments shall be scheduled at one-month intervals. Payments for damages accruing during the scheduled intervals are due at the beginning of the intervals. For good cause shown, the court may direct that periodic payments shall continue for an initial term of years notwithstanding the death of the judgment creditor during that term.
(3)
Money damages awarded for loss of future earnings shall not be reduced or payments terminated by reason of the death of the judgment creditor. Any such remaining periodic payments shall be paid to the heirs and devisees of the judgment creditor. Payments for future damages other than loss of future earnings shall cease at the death of the judgment creditor.
L. 88: Entire article added, p. 615, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JUDGMENTS AND EXECUTIONS (§§ 13-51-101 — 13-65-103) › Article 64 - HEALTH CARE AVAILABILITY ACT (§§ 13-64-101 — 13-64-503) › Part 2 - PERIODIC PAYMENTS OF TORT JUDGMENTS (§§ 13-64-201 — 13-64-213) › Section 13-64-207 - Form of funding

(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 of this state;
(b)
An obligation or obligations of the United States;
(c)
Evidence of applicable and collectible liability insurance from one or more qualified insurers;
(d)
An agreement by one or more personal injury liability assignees to assume the obligation of the judgment debtor;
(e)
An obligation of the state of Colorado or of a public entity other than the state which is self-insured as provided in section
24-10-115
,
24-10-115.5
, or
24-10-116
, C.R.S.; or
(f)
Any other satisfactory form of funding.
(2)
The court shall require that the annuity contract or other form of funding permitted by subsection (1) of this section show that portion of each periodic payment which is attributable to loss of future earnings and that portion attributable to all other future damages.
L. 88: Entire article added, p. 616, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JUDGMENTS AND EXECUTIONS (§§ 13-51-101 — 13-65-103) › Article 64 - HEALTH CARE AVAILABILITY ACT (§§ 13-64-101 — 13-64-503) › Part 2 - PERIODIC PAYMENTS OF TORT JUDGMENTS (§§ 13-64-201 — 13-64-213) › Section 13-64-208 - Funding the obligation

(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 a form prescribed in section
13-64-207
, within sixty days after the date the judgment is entered. A liability insurer having a contractual obligation and any other person adjudged to have an obligation to pay all or part of a judgment for periodic payments on behalf of a judgment debtor is obligated to provide such funding to the extent of its contractual or adjudged obligation if the judgment debtor has not done so.
(2)
A judgment creditor or successor in interest and any party having rights under subsection (4) of this section may move that the court find that funding has not been provided with regard to a judgment obligation owing to the moving party. Upon so finding, the court shall order that funding complying with this article be provided within thirty days. If funding is not provided within that time and subsection (3) of this section does not apply, then the court shall calculate the present value of the periodic payment obligation and enter a judgment for that amount in favor of the moving party.
(3)
If a judgment debtor who is the only person liable for a portion of a judgment for periodic payments fails to provide funding, then the right to present value payment described in subsection (2) of this section applies only against that judgment debtor and the portion of the judgment so owed.
(4)
If more than one party is liable for all or a portion of a judgment requiring funding under this part 2 and the required funding is provided by one or more but fewer than all of the parties liable, the funding requirements are satisfied and those providing funding may proceed under subsection (2) of this section to enforce rights for funding or present value payment to satisfy or protect rights of reimbursement from a party not providing funding.
L. 88: Entire article added, p. 616, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JUDGMENTS AND EXECUTIONS (§§ 13-51-101 — 13-65-103) › Article 64 - HEALTH CARE AVAILABILITY ACT (§§ 13-64-101 — 13-64-503) › Part 2 - PERIODIC PAYMENTS OF TORT JUDGMENTS (§§ 13-64-201 — 13-64-213) › Section 13-64-209 - Assignment of periodic payments

(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 support;
(b)
For the costs of products, services, or accommodations provided or to be provided by the assignee for medical or other health care; or
(c)
For attorney fees and other expenses of litigation incurred in securing the judgment.
L. 88: Entire article added, p. 617, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JUDGMENTS AND EXECUTIONS (§§ 13-51-101 — 13-65-103) › Article 64 - HEALTH CARE AVAILABILITY ACT (§§ 13-64-101 — 13-64-503) › Part 2 - PERIODIC PAYMENTS OF TORT JUDGMENTS (§§ 13-64-201 — 13-64-213) › Section 13-64-210 - Exemption of benefits

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.
L. 88: Entire article added, p. 617, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JUDGMENTS AND EXECUTIONS (§§ 13-51-101 — 13-65-103) › Article 64 - HEALTH CARE AVAILABILITY ACT (§§ 13-64-101 — 13-64-503) › Part 2 - PERIODIC PAYMENTS OF TORT JUDGMENTS (§§ 13-64-201 — 13-64-213) › Section 13-64-211 - Settlement agreements and consent judgments

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 required to, file with the clerk of the court in which the action is pending or, if none is pending, with the clerk of a court of competent jurisdiction over the claim a settlement agreement for future damages payable in periodic payments. The settlement agreement may provide that one or more sections of this part 2 apply to it.
L. 88: Entire article added, p. 617, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JUDGMENTS AND EXECUTIONS (§§ 13-51-101 — 13-65-103) › Article 64 - HEALTH CARE AVAILABILITY ACT (§§ 13-64-101 — 13-64-503) › Part 2 - PERIODIC PAYMENTS OF TORT JUDGMENTS (§§ 13-64-201 — 13-64-213) › Section 13-64-212 - Satisfaction of judgment

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.
L. 88: Entire article added, p. 617, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JUDGMENTS AND EXECUTIONS (§§ 13-51-101 — 13-65-103) › Article 64 - HEALTH CARE AVAILABILITY ACT (§§ 13-64-101 — 13-64-503) › Part 2 - PERIODIC PAYMENTS OF TORT JUDGMENTS (§§ 13-64-201 — 13-64-213) › Section 13-64-213 - Effective date - applicability of part

This part 2 shall take effect July 1, 1988, and shall apply to acts or omissions occurring on or after said date.
L. 88: Entire article added, p. 617, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JUDGMENTS AND EXECUTIONS (§§ 13-51-101 — 13-65-103) › Article 64 - HEALTH CARE AVAILABILITY ACT (§§ 13-64-101 — 13-64-503) › Part 3 - FINANCIAL LIABILITY REQUIREMENTS - LIMITATIONS (§§ 13-64-301 — 13-64-304) › Section 13-64-303 - Judgments and settlements - reported - penalties

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 section
10-1-120
,
10-1-120.5
,
10-1-121
,
10-1-124
,
10-1-125
,
10-1-125.3
, or
10-1-125.7
, or by the professional or institution if there is no commercial medical malpractice insurance coverage to the licensing agency of the health-care professional or health-care institution for review, investigation, and, where appropriate, disciplinary or other action. Any health-care professional, health-care institution, or insurance carrier that knowingly fails to report as required by this section shall be subject to a civil penalty of not more than two thousand five hundred dollars. Such penalty shall be determined and collected by the district court in the city and county of Denver. All penalties collected pursuant to this section shall be transmitted to the state treasurer, who shall credit the same to the general fund.
Amended by 2021 Ch. 314, §33, eff. 9/1/2021.
Amended by 2020 Ch. 300, §9, eff. 9/1/2020.
Amended by 2020 Ch. 190, §8, eff. 7/1/2020.
L. 88: Entire article added, p. 619, § 1, effective July 1. L. 2003: Entire section amended, p. 623, § 38, effective July 1.
Amendments to this section by HB 20-1216 and HB 20-1219 were harmonized.
For the legislative declaration in HB 20-1216, see section 1 of chapter 190, Session Laws of Colorado 2020.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JUDGMENTS AND EXECUTIONS (§§ 13-51-101 — 13-65-103) › Article 64 - HEALTH CARE AVAILABILITY ACT (§§ 13-64-101 — 13-64-503) › Part 3 - FINANCIAL LIABILITY REQUIREMENTS - LIMITATIONS (§§ 13-64-301 — 13-64-304) › Section 13-64-303.5 - Exclusion - mental health - care facilities

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 facilities. The department of public health and environment shall by rule establish financial responsibility standards that are less than those prescribed in this section for classes of health-care institutions that have less risk of exposure to medical malpractice claims or for other reasons that render the limits provided in section
13-64-301(1)(b)
unreasonable or unattainable.
Amended by 2022 Ch. 222, §218, eff. 7/1/2024.
L. 89: Entire section added, p. 762, § 2, effective July 1. L. 94: Entire section amended, p. 2730, § 346, effective July 1.
For the legislative declaration contained in the 1994 act amending this section, see section 1 of chapter 345, Session Laws of Colorado 1994.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JUDGMENTS AND EXECUTIONS (§§ 13-51-101 — 13-65-103) › Article 64 - HEALTH CARE AVAILABILITY ACT (§§ 13-64-101 — 13-64-503) › Part 3 - FINANCIAL LIABILITY REQUIREMENTS - LIMITATIONS (§§ 13-64-301 — 13-64-304) › Section 13-64-304 - Effective date - applicability of part

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.
L. 88: Entire article added, p. 620, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JUDGMENTS AND EXECUTIONS (§§ 13-51-101 — 13-65-103) › Article 64 - HEALTH CARE AVAILABILITY ACT (§§ 13-64-101 — 13-64-503) › Part 4 - PROCEDURES AND EVIDENCE IN MEDICAL MALPRACTICE ACTIONS (§§ 13-64-401 — 13-64-404) › Section 13-64-401 - Qualifications as expert witness in medical malpractice actions or proceedings

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, education, knowledge, and experience in the evaluation, diagnosis, and treatment of the disease or injury which is the subject matter of the action or proceeding against the physician defendant, he was substantially familiar with applicable standards of care and practice as they relate to the act or omission which is the subject of the claim on the date of the incident. The court shall not permit an expert in one medical subspecialty to testify against a physician in another medical subspecialty unless, in addition to such a showing of substantial familiarity, there is a showing that the standards of care and practice in the two fields are similar. The limitations in this section shall not apply to expert witnesses testifying as to the degree or permanency of medical or physical impairment.
L. 88: Entire article added, p. 620, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JUDGMENTS AND EXECUTIONS (§§ 13-51-101 — 13-65-103) › Article 64 - HEALTH CARE AVAILABILITY ACT (§§ 13-64-101 — 13-64-503) › Part 4 - PROCEDURES AND EVIDENCE IN MEDICAL MALPRACTICE ACTIONS (§§ 13-64-401 — 13-64-404) › Section 13-64-402 - Collateral source evidence

(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 amount paid or payable as a medical benefit pursuant to any health, sickness, or accident insurance or plan, which provides health benefits, or any contract or agreement of any group, organization, partnership, or corporation to provide, pay for, or reimburse the cost of medical, hospital, dental, or other health-care services, and shall file a copy thereof with the court or arbitrator. Such service shall be made pursuant to section
10-3-107 (1)
or (1.5), C.R.S., or pursuant to the Colorado rules of civil procedure.
(2)
If such third party payer or provider of such benefits has a right of subrogation for such payments, it shall file with the court or arbitrator written notice of such subrogated claim, without specifying a definite amount, within ninety days after receipt of the notice required in subsection (1) of this section, and transmit a copy thereof to the party plaintiff. Failure to file such written notice shall constitute a waiver of such right of subrogation as to such action.
(3)
Before entering final judgment, the court shall determine the amount, if any, due the third party payer or provider and enter its judgment in accordance with such finding.
(4)
The provisions of this section shall not apply to section
25.5-4-301
, C.R.S.
L. 88: Entire article added, p. 620, § 1, effective July 1. L. 92: Entire section amended, p. 269, § 1, effective April 16. L. 2006: (4) amended, p. 2001, § 47, effective July 1.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JUDGMENTS AND EXECUTIONS (§§ 13-51-101 — 13-65-103) › Article 64 - HEALTH CARE AVAILABILITY ACT (§§ 13-64-101 — 13-64-503) › Part 4 - PROCEDURES AND EVIDENCE IN MEDICAL MALPRACTICE ACTIONS (§§ 13-64-401 — 13-64-404) › Section 13-64-402.5 - Evidence relating to legally protected health-care activity - legislative declaration

(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 malpractice action brought in this state against a health-care provider licensed, registered, or certified in this state or in another state or United States territory, a court or arbitrator shall not allow evidence or witness testimony relating to professional discipline or criminal or civil charges in this state or in another state or United States territory, regardless of disposition or outcome, concerning the provision of, or assistance in the provision of, a legally protected health-care activity, as defined in section
12-30-121 (1)(d)
, so long as the care provided did not violate Colorado law.
Added by 2023 Ch. 68,§ 8, eff. 4/14/2023.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JUDGMENTS AND EXECUTIONS (§§ 13-51-101 — 13-65-103) › Article 64 - HEALTH CARE AVAILABILITY ACT (§§ 13-64-101 — 13-64-503) › Part 4 - PROCEDURES AND EVIDENCE IN MEDICAL MALPRACTICE ACTIONS (§§ 13-64-401 — 13-64-404) › Section 13-64-404 - Effective date - applicability of part

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.
L. 88: Entire article added, p. 623, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JUDGMENTS AND EXECUTIONS (§§ 13-51-101 — 13-65-103) › Article 64 - HEALTH CARE AVAILABILITY ACT (§§ 13-64-101 — 13-64-503) › Part 5 - LIMITATION ON ACTIONS BROUGHT (§§ 13-64-501 — 13-64-503) › Section 13-64-501 - Definitions

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 person licensed in this state or any other state to practice medicine, chiropractic, or nursing.
L. 88: Entire article added, p. 623, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JUDGMENTS AND EXECUTIONS (§§ 13-51-101 — 13-65-103) › Article 64 - HEALTH CARE AVAILABILITY ACT (§§ 13-64-101 — 13-64-503) › Part 5 - LIMITATION ON ACTIONS BROUGHT (§§ 13-64-501 — 13-64-503) › Section 13-64-502 - Limitation on actions

(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 care in a health care institution, where such damage or injury was the result of genetic disease or disorder or other natural causes, unless the claimant can establish by a preponderance of the evidence that the damage or injury could have been prevented or avoided by ordinary standard of care of the physician or other health care professional or health care institution.
(2)
(a)
Medical records of or any other medical information concerning a person whose alleged death or injury is the subject matter of a civil action under subsection (1) of this section shall be discoverable by a party defendant under the provisions of the Colorado rules of civil procedure and shall not be inadmissible in evidence because of the provisions of section
13-90-107(1)(d)
.
(b)
Medical records and information concerning such person's genetic siblings, parents, and grandparents may be discoverable as provided in paragraph (a) of this subsection (2) if the defendant, after reasonable efforts, is unable to obtain appropriate releases and makes a showing to the court of the possible relevancy of such records or information. In such case, the court may order the production of such records. If deemed necessary, the court may hold an in camera proceeding on the relevancy of such records. No liability shall attach to any physician, health care professional, or health care institution as a result of the release of such medical records or information.
L. 88: Entire article added, p. 623, § 1, effective July 1. L. 89: Entire section R&RE, p. 763, § 4, effective July 1.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JUDGMENTS AND EXECUTIONS (§§ 13-51-101 — 13-65-103) › Article 64 - HEALTH CARE AVAILABILITY ACT (§§ 13-64-101 — 13-64-503) › Part 5 - LIMITATION ON ACTIONS BROUGHT (§§ 13-64-501 — 13-64-503) › Section 13-64-503 - Effective date - applicability of part

This part 5 shall take effect July 1, 1988, and shall apply to acts or omissions occurring on or after said date.
L. 88: Entire article added, p. 623, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JURIES AND JURORS (§§ 13-70-101 — 13-74-110) › Article 70 - [Repealed] (§ 13-70-101) › Section 13-70-101 - to 13-70-106 - [Repealed]

L. 89: Entire article repealed, p. 776, § 9, effective 1/1/1990.
This article was numbered as article 7 of chapter 78 in C.R.S. 1963.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JURIES AND JURORS (§§ 13-70-101 — 13-74-110) › Article 71 - COLORADO UNIFORM JURY SELECTION AND SERVICE ACT (§§ 13-71-101 — 13-71-145) › Section 13-71-101 - Short title

This article shall be known and may be cited as the "Colorado Uniform Jury Selection and Service Act".
L. 89: Entire article R&RE, p. 765, § 1, effective 1/1/1990.
This section is similar to former § 13-71-101 as it existed prior to 1989.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JURIES AND JURORS (§§ 13-70-101 — 13-74-110) › Article 71 - COLORADO UNIFORM JURY SELECTION AND SERVICE ACT (§§ 13-71-101 — 13-71-145) › Section 13-71-102 - Definitions

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 of time during which a person is committed to serving upon a jury, from the time the person reports and checks in on his or her designated reporting date through and until he or she is released by the court or by the jury commissioner. "Juror service" includes any time that a person spends in the jury selection process and any time that a person spends in a trial.
(3)
"Juror wheel" means any electronic automated system for the storage of the names or identifying numbers of prospective jurors.
(4)
"Master juror list" means the voter registration lists for the county, which shall be supplemented with names from other sources prescribed pursuant to section
13-71-107
in order to foster the policy and protect the rights secured by this article.
(5)
"Master juror wheel" means the juror wheel in which are placed names or identifying numbers of prospective jurors taken from the master list.
(6)
"Voter registration lists" means the official records of persons registered to vote in the most recent general election.
L. 89: Entire article R&RE, p. 765, § 1, effective 1/1/1990. L. 2011: (2.5) added, (HB 11 - 11 53), ch. 70, p. 189, §1, effective August 10.
This section is similar to former § 13-71-104 as it existed prior to 1989.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JURIES AND JURORS (§§ 13-70-101 — 13-74-110) › Article 71 - COLORADO UNIFORM JURY SELECTION AND SERVICE ACT (§§ 13-71-101 — 13-71-145) › Section 13-71-103 - Number of trial jurors

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.
L. 89: Entire article R&RE, p. 766, § 1, effective 1/1/1990.
This section is similar to former § 13-70-102 as it existed prior to 1989.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JURIES AND JURORS (§§ 13-70-101 — 13-74-110) › Article 71 - COLORADO UNIFORM JURY SELECTION AND SERVICE ACT (§§ 13-71-101 — 13-71-145) › Section 13-71-104 - Eligibility for juror service - prohibition of discrimination

(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, except as otherwise provided in this article or by court rule.
(3)
(a)
A person shall not be exempted or excluded from serving as a trial juror or grand juror because of race, color, religion, sex, sexual orientation, gender identity, gender expression, marital status, national origin, ancestry, economic status, or occupation.
(b)
A person with a disability shall serve except:
(I)
As otherwise provided in section
13-71-105
or
13-71-119.5
; or
(II)
Where the court finds that such person's disability prevents the person from performing the duties and responsibilities of a juror.
(c)
Before dismissing a person with a disability pursuant to paragraph (b) of this subsection (3), the court shall interview the person to determine the reasonable accommodations, if any, consistent with federal and state law, that the court may make available to permit the person to perform the duties of a juror.
(4)
The court shall strictly enforce the provisions of this article; except that the supreme court may provide by rule for the exclusion in a criminal trial of a juror who is employed by a public law enforcement agency or public defender's office.
Amended by 2021 Ch. 156, §18, eff. 9/7/2021.
L. 89: Entire article R&RE, p. 766, § 1, effective 1/1/1990. L. 96: Entire section amended, p. 737, § 8, effective July 1. L. 98: Entire section amended, p. 304, § 1, effective April 17; entire section amended, p. 464, § 1, effective 1/1/1999. L. 2000: (2) amended, p. 32, § 1, effective August 2. L. 2004: (1) and (3) amended, p. 276, § 1, effective August 4. L. 2008: (3)(a) amended, p. 1600, § 20, effective May 29.
(1) This section is similar to former § 13-71-103 as it existed prior to 1989.
(2) Amendments to this section by Senate Bill 98-136 and Senate Bill 98-066 were harmonized.
2021 Ch. 156, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
For the legislative declaration contained in the 2008 act amending subsection (3)(a), see section 1 of chapter 341, Session Laws of Colorado 2008. For the legislative declaration in HB 21-1108, see section 1 of chapter 156, Session Laws of Colorado 2021.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JURIES AND JURORS (§§ 13-70-101 — 13-74-110) › Article 71 - COLORADO UNIFORM JURY SELECTION AND SERVICE ACT (§§ 13-71-101 — 13-71-145) › Section 13-71-106 - Jury commissioners

The chief judge of each judicial district shall appoint a jury commissioner for each county within that judicial district. Each jury commissioner shall be compensated as determined by the supreme court pursuant to section
13-3-105
, but no court employee who serves as a jury commissioner shall receive any compensation in addition to a regular salary.
L. 89: Entire article R&RE, p. 767, § 1, effective 1/1/1990.
This section is similar to former § 13-71-105 as it existed prior to 1989.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JURIES AND JURORS (§§ 13-70-101 — 13-74-110) › Article 71 - COLORADO UNIFORM JURY SELECTION AND SERVICE ACT (§§ 13-71-101 — 13-71-145) › Section 13-71-107 - Master juror list

(1)
Each year, the state court administrator shall obtain from the secretary of state a voter registration list for each county in the state. The state court administrator shall also obtain licensed driver lists from the department of revenue, and, where available, the department of revenue shall match said drivers license records with the most recent address of the individual used for income tax purposes and supply any additional income tax address to the court administrator. The state court administrator may obtain other lists of residents of the state as necessary and desirable. The voter registration lists, as supplemented and modified by other lists, may be used to compile the master juror list for the following year. A copy of the master juror list that does not contain addresses of the jurors shall be open to the public for examination as a public record.
(2)
Any person who has custody, possession, or control of any list to be used in compiling the master juror list shall furnish, upon request, a copy of that list to the state court administrator.
L. 89: Entire article R&RE, p. 767, § 1, effective 1/1/1990. L. 98: (1) amended, p. 465, § 3, effective 1/1/1999. L. 2002: (1) amended, p. 986, § 1, effective June 1.
This section is similar to former § 13-71-106 as it existed prior to 1989.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JURIES AND JURORS (§§ 13-70-101 — 13-74-110) › Article 71 - COLORADO UNIFORM JURY SELECTION AND SERVICE ACT (§§ 13-71-101 — 13-71-145) › Section 13-71-108 - Master juror wheel

(1)
The state court administrator shall use an electronic automated system to compile and maintain a master juror wheel. The wheel shall consist of names, addresses, dates of birth, identifying numbers, and jury histories for prospective jurors taken from the master juror list. Each year, the master juror wheel shall be emptied and refilled in compliance with the provisions of this article. Jurors receiving cancellations or postponements of juror appearance and service may be replaced on the master juror wheel for the succeeding year and shall receive new summonses for their new dates in the succeeding year.
(2)
In order to more equitably distribute the responsibility for juror appearance and service throughout the qualified population of each county and to avoid repeatedly summoning the same individuals for jury appearance and service, the state court administrator shall implement reasonable procedures to match prior year records of juror selection, appearance, and service in the state courts with the prospective juror names included in the master juror wheel. To the extent practical, the prior juror selection and service records shall be used to prioritize the juror names in the master juror wheel. To the extent practical, individuals with the least amount of jury appearances or service in the most recent years shall be summoned prior to individuals who have appeared or served more recently.
L. 89: Entire article R&RE, p. 767, § 1, effective 1/1/1990. L. 98: Entire section amended, p. 465, § 4, effective 1/1/1999. L. 2000: Entire section amended, p. 33, § 3, effective August 2.
This section is similar to former § 13-71-107 as it existed prior to 1989.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JURIES AND JURORS (§§ 13-70-101 — 13-74-110) › Article 71 - COLORADO UNIFORM JURY SELECTION AND SERVICE ACT (§§ 13-71-101 — 13-71-145) › Section 13-71-109 - Random selection from master juror list

If all prospective jurors on the master juror list are not needed, selection of the names or identifying numbers of prospective jurors to be placed on the master juror wheel shall be by a random selection method which ensures equal probability of selection.
L. 89: Entire article R&RE, p. 767, § 1, effective 1/1/1990.
This section is similar to former § 13-71-108 as it existed prior to 1989.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JURIES AND JURORS (§§ 13-70-101 — 13-74-110) › Article 71 - COLORADO UNIFORM JURY SELECTION AND SERVICE ACT (§§ 13-71-101 — 13-71-145) › Section 13-71-110 - Juror selection and summoning

A jury commissioner shall specify the number of trial jurors needed for each day's juror pool or for selection of a grand jury within that commissioner's county. The state court administrator shall then randomly select the specified number of jurors required from the master juror wheel and shall issue a summons to each selected prospective juror, either personally or by mail addressed to the usual residence or post-office address of the prospective juror.
L. 89: Entire article R&RE, p. 767, § 1, effective 1/1/1990.
This section is similar to former § 13-71-110 as it existed prior to 1989.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JURIES AND JURORS (§§ 13-70-101 — 13-74-110) › Article 71 - COLORADO UNIFORM JURY SELECTION AND SERVICE ACT (§§ 13-71-101 — 13-71-145) › Section 13-71-111 - Contents of juror summons

(1)
The juror summons shall state: Whether the anticipated service is that of a trial or grand juror; the beginning date of the juror service; the name, address, hour, and room number, if any, of the courthouse or office to which the juror shall report on the first day of service; the fact that a knowing failure to obey the summons without justifiable excuse is a violation of section
18-8-612
, and a class 2 misdemeanor punishable as provided in section
18-1.3-501
; and such other information and instructions as are deemed appropriate by the state court administrator or the jury commissioner.
(2)
Every prospective juror shall also receive with the summons:
(a)
Notice of the qualifications for juror service; and
(b)
Instructions to jurors for retrieving juror service acknowledgment information, as described in section
13-71-132
.
Amended by 2021 Ch. 462, §159, eff. 3/1/2022.
L. 89: Entire article R&RE, p. 768, § 1, effective 1/1/1990. L. 2002: Entire section amended, p. 1488, § 124, effective October 1. L. 2004: Entire section amended, p. 277, § 3, effective August 4. L. 2011: Entire section amended, (HB 11 -1153), ch. 190, p. 190, §3, effective August 10.
(1) This section is similar to former § 13-71-110 (3) as it existed prior to 1989.
(2) Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
For the legislative declaration contained in the 2002 act amending this section, see section 1 of chapter 318, Session Laws of Colorado 2002.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JURIES AND JURORS (§§ 13-70-101 — 13-74-110) › Article 71 - COLORADO UNIFORM JURY SELECTION AND SERVICE ACT (§§ 13-71-101 — 13-71-145) › Section 13-71-112 - Emergency summonses

In order to meet emergency needs of the court, the state court administrator or a jury commissioner, by any means of notice including notice by telephone, may summon additional trial or grand jurors to appear for juror service at a time certain and shall inform the juror at which courthouse to appear.
L. 89: Entire article R&RE, p. 768, § 1, effective 1/1/1990.
This section is similar to former § 13-71-110 (4) as it existed prior to 1989.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JURIES AND JURORS (§§ 13-70-101 — 13-74-110) › Article 71 - COLORADO UNIFORM JURY SELECTION AND SERVICE ACT (§§ 13-71-101 — 13-71-145) › Section 13-71-113 - Modification of juror service

In order to meet the urgent needs of the court, a jury commissioner may modify the date, location, or other condition of trial or grand juror service and may notify the prospective juror of the modification by telephone or other appropriate means.
L. 89: Entire article R&RE, p. 768, § 1, effective 1/1/1990.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JURIES AND JURORS (§§ 13-70-101 — 13-74-110) › Article 71 - COLORADO UNIFORM JURY SELECTION AND SERVICE ACT (§§ 13-71-101 — 13-71-145) › Section 13-71-114 - Cancellation of juror service

Whenever it appears that the number of jurors scheduled to appear is in excess of the number needed, a jury commissioner may cancel the trial or grand juror service of a prospective juror and may notify the juror by telephone or other appropriate means. Any juror whose service has been canceled is not considered disqualified under section
13-71-105 (2)(f)
but may be randomly reselected for further service within the succeeding twelve months.
L. 89: Entire article R&RE, p. 768, § 1, effective 1/1/1990.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JURIES AND JURORS (§§ 13-70-101 — 13-74-110) › Article 71 - COLORADO UNIFORM JURY SELECTION AND SERVICE ACT (§§ 13-71-101 — 13-71-145) › Section 13-71-116 - Trial juror's right to one postponement - definition

(1)
A trial juror shall have the right to one postponement of the term of juror service. The postponement must not last more than six months, but may extend into the next calendar year; except that, if a trial juror is a Colorado resident and a student enrolled in an institution of higher education outside the state of Colorado and attends classes at the institution in person, the postponement must not last more than twelve months but may extend into the next calendar year. To exercise this right, the juror shall notify the jury commissioner by telephone or in writing requesting an alternate date to which juror service may be postponed. A jury commissioner, in the jury commissioner's discretion, may set the date to which the juror's service is postponed. A jury commissioner shall notify the juror by telephone or in writing of the new date.
(2)
As used in this section, "institution of higher education" means any out-of-state postsecondary public or private educational institution that provides not less than a one-year program of training to prepare students for gainful employment.
Amended by 2022 Ch. 77, §1, eff. 8/10/2022.
L. 89: Entire article R&RE, p. 769, § 1, effective 1/1/1990. L. 2000: Entire section amended, p. 33, § 4, effective August 2. L. 2011: Entire section amended, (HB 11 - 11 53), ch. 70, p. 190, §4, effective August 10.
This section is similar to former § 13-71-112 as it existed prior to 1989.
2022 Ch. 77, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JURIES AND JURORS (§§ 13-70-101 — 13-74-110) › Article 71 - COLORADO UNIFORM JURY SELECTION AND SERVICE ACT (§§ 13-71-101 — 13-71-145) › Section 13-71-116.5 - Postponement related to co-employee jury service

Upon notice by an employee, a jury commissioner shall postpone and reschedule the service of a summoned juror who is regularly employed by an employer with five or fewer full-time employees or their equivalent if, during the same period, another employee of the employer has been summoned for jury service. A postponement issued pursuant to this section shall not affect a person's right to a postponement of jury service pursuant to section
13-71-116
.
L. 2004: Entire section added, p. 277, § 4, effective August 4.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JURIES AND JURORS (§§ 13-70-101 — 13-74-110) › Article 71 - COLORADO UNIFORM JURY SELECTION AND SERVICE ACT (§§ 13-71-101 — 13-71-145) › Section 13-71-117 - Assignment of courthouse location

Every trial and grand juror shall be notified on the summons, or otherwise, to perform juror service at a designated court location within each county. The jury commissioner or the court may permit a juror to serve at a different courthouse location within the county upon a finding that service at the original location would be a hardship.
L. 89: Entire article R&RE, p. 769, § 1, effective 1/1/1990.
This section is similar to former § 13-71-110 (3) as it existed prior to 1989.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JURIES AND JURORS (§§ 13-70-101 — 13-74-110) › Article 71 - COLORADO UNIFORM JURY SELECTION AND SERVICE ACT (§§ 13-71-101 — 13-71-145) › Section 13-71-118 - Telephone notice

The jury commissioner or the court may permit a trial or grand juror to be available for juror service or continued juror service upon telephone notice. Such a juror shall provide the court with a telephone number at which the juror may be reached, with certainty, and shall agree to resume juror service, if necessary, not more than one hour after receiving telephone notice.
L. 89: Entire article R&RE, p. 769, § 1, effective 1/1/1990.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JURIES AND JURORS (§§ 13-70-101 — 13-74-110) › Article 71 - COLORADO UNIFORM JURY SELECTION AND SERVICE ACT (§§ 13-71-101 — 13-71-145) › Section 13-71-119 - Deferments and excuses - limitations

(1)
It shall be the policy of this article that every trial juror shall be prepared to serve three trial days except as otherwise provided in this section or in section
13-71-104
,
13-71-105
, or
13-71-119.5
.
(2)
The court or the jury commissioner may defer or advance the term of service of the trial or grand juror upon a finding as provided in section
13-71-104
,
13-71-105
, or
13-71-119.5
. The court may excuse a juror from grand juror service upon a finding of hardship or inconvenience, taking into consideration the length of grand juror service. The court may excuse a juror from trial juror service upon a finding of extreme hardship. The court may dismiss a trial or grand juror at any time in the best interest of justice.
(3)
The court, after a hearing, may excuse and discharge an impaneled juror prior to jury deliberation upon a finding of extreme hardship, and such discharge shall not be grounds for objection or a mistrial as long as the statutorily or constitutionally required number of jurors remain able to proceed with the trial and deliberation. The court, after a hearing, may excuse and discharge a juror participating in jury deliberation only upon a finding of an emergency or for any other compelling reason. If the statutorily or constitutionally required number of jurors does not remain to hear evidence or to participate in jury deliberation after the discharge of a juror, the trial may continue with the lesser number of jurors only upon agreement of all parties on the record. The court may discharge an impaneled juror who has not appeared for juror service upon a finding that there is a strong likelihood that an unreasonable delay in the trial would occur if the court were to await the appearance of the juror. The court may exercise any authority granted in this section at any time before or during a juror's term of service.
L. 89: Entire article R&RE, p. 769, § 1, effective 1/1/1990. L. 2004: Entire section amended, p. 278, § 6, effective August 4.
This section is similar to former § 13-71-111 as it existed prior to 1989.