reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › DAMAGES AND LIMITATIONS ON ACTIONS (§§ 13-21-101 — 13-21-1409) › Article 21 - DAMAGES (§§ 13-21-101 — 13-21-1409) › Part 14 - UNIFORM CIVIL REMEDIES FOR UNAUTHORIZED DISCLOSURE OF INTIMATE IMAGES (§§ 13-21-1401 — 13-21-1409) › Section 13-21-1404 - Exceptions to liability - definitions

(1)
In this section, unless the context otherwise requires:
(a)
"Child" means an unemancipated individual who is less than eighteen years of age.
(b)
"Parent" means an individual recognized as a parent under the law of this state other than this part 14.
(2)
A person is not liable under this part 14 if the person proves that disclosure of, or a threat to disclose, the intimate image was:
(a)
Made in good faith in:
(I)
Law enforcement;
(II)
A legal proceeding; or
(III)
Medical education or treatment; or
(b)
Made in good faith in the reporting or investigation of:
(I)
Unlawful conduct;
(II)
Unsolicited and unwelcome conduct;
(III)
Related to a matter of public concern or public interest; or
(IV)
Reasonably intended to assist the depicted individual.
(3)
Subject to subsection (4) of this section, a defendant who is a parent, legal guardian, or individual with legal custody of a child is not liable under this part 14 for a disclosure or threatened disclosure of an intimate image of the child.
(4)
If a defendant asserts an exception to liability under subsection (3) of this section, the exception does not apply if the plaintiff proves the disclosure was:
(a)
Prohibited by law other than this part 14; or
(b)
Made, possessed, or distributed for the purposes of sexual arousal, sexual gratification, humiliation, degradation, or monetary or commercial gain.
(5)
Disclosure of, or a threat to disclose, an intimate image is not a matter of public concern or public interest solely because the depicted individual is a public figure.
Added by 2019 Ch. 88,§ 1, eff. 4/8/2019.
L. 2019: Entire part added, (SB 19-100), ch. 327, p. 327, § 1, effective April 8.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › DAMAGES AND LIMITATIONS ON ACTIONS (§§ 13-21-101 — 13-21-1409) › Article 21 - DAMAGES (§§ 13-21-101 — 13-21-1409) › Part 14 - UNIFORM CIVIL REMEDIES FOR UNAUTHORIZED DISCLOSURE OF INTIMATE IMAGES (§§ 13-21-1401 — 13-21-1409) › Section 13-21-1405 - Plaintiff's privacy

(1)
In an action under this part 14:
(a)
A plaintiff may proceed using a pseudonym in place of the true name of the plaintiff;
(b)
The court may exclude or redact from all pleadings and documents filed in the action other identifying characteristics of the plaintiff;
(c)
A plaintiff to whom subsection (1)(a) or (1)(b) of this section applies shall file with the court and serve on the defendant a confidential information form that includes the excluded or redacted plaintiff's name and other identifying characteristics; and
(d)
The court may make further orders as necessary to protect the identity and privacy of a plaintiff.
Added by 2019 Ch. 88,§ 1, eff. 4/8/2019.
L. 2019: Entire part added, (SB 19-100), ch. 328, p. 328, § 1, effective April 8.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › DAMAGES AND LIMITATIONS ON ACTIONS (§§ 13-21-101 — 13-21-1409) › Article 21 - DAMAGES (§§ 13-21-101 — 13-21-1409) › Part 14 - UNIFORM CIVIL REMEDIES FOR UNAUTHORIZED DISCLOSURE OF INTIMATE IMAGES (§§ 13-21-1401 — 13-21-1409) › Section 13-21-1406 - Remedies

(1)
In an action under this part 14, a prevailing plaintiff may recover:
(a)
The greater of:
(I)
Economic and noneconomic damages proximately caused by the defendant's disclosures or threatened disclosures, including damages for emotional distress whether or not accompanied by other damages; or
(II)
(A)
Statutory damages not to exceed ten thousand dollars against each defendant found liable under this part 14 for all disclosures and threatened disclosures by the defendant of which the plaintiff knew or reasonably should have known when filing the action or which became known during the pendency of the action.
(B)
In determining the amount of statutory damages under this subsection (1)(a)(II), consideration must be given to the age of the parties at the time of the disclosure or threatened disclosure, the number of disclosures or threatened disclosures made by the defendant, the breadth of distribution of the image by the defendant, and other exacerbating or mitigating factors.
(b)
An amount equal to any monetary gain made by the defendant from disclosure of the intimate image; and
(c)
Punitive damages as allowed under the law of this state other than this part 14.
(2)
In an action under this part 14, the court may award a prevailing plaintiff:
(a)
Reasonable attorney fees and costs; and
(b)
Additional relief, including injunctive relief.
(3)
This part 14 does not affect a right or remedy available under state law other than this part 14.
Added by 2019 Ch. 88,§ 1, eff. 4/8/2019.
L. 2019: Entire part added, (SB 19-100), ch. 328, p. 328, § 1, effective April 8.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › DAMAGES AND LIMITATIONS ON ACTIONS (§§ 13-21-101 — 13-21-1409) › Article 21 - DAMAGES (§§ 13-21-101 — 13-21-1409) › Part 14 - UNIFORM CIVIL REMEDIES FOR UNAUTHORIZED DISCLOSURE OF INTIMATE IMAGES (§§ 13-21-1401 — 13-21-1409) › Section 13-21-1407 - Statute of limitations

(1)
An action under section
13-21-1403(2)
for:
(a)
An unauthorized disclosure may not be brought later than six years from the date the disclosure was discovered or should have been discovered with the exercise of reasonable diligence; and
(b)
A threat to disclose may not be brought later than six years from the date of the threat to disclose.
(2)
Except as otherwise provided in subsection (3) of this section, this section is subject to the tolling statutes of this state.
(3)
In an action under section
13-21-1403(2)
by a depicted individual who was a minor on the date of the disclosure or threat to disclose, the time specified in subsection (1) of this section does not begin to run until the depicted individual attains the age of majority.
Added by 2019 Ch. 88,§ 1, eff. 4/8/2019.
L. 2019: Entire part added, (SB 19-100), ch. 329, p. 329, § 1, effective April 8.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › DAMAGES AND LIMITATIONS ON ACTIONS (§§ 13-21-101 — 13-21-1409) › Article 21 - DAMAGES (§§ 13-21-101 — 13-21-1409) › Part 14 - UNIFORM CIVIL REMEDIES FOR UNAUTHORIZED DISCLOSURE OF INTIMATE IMAGES (§§ 13-21-1401 — 13-21-1409) › Section 13-21-1408 - Construction

(1)
This part 14 must be construed to be consistent with the federal "Communications Decency Act of 1996",
47 U.S.C. sec. 230
.
(2)
This section does not apply to an interactive computer service, as defined in
47 U.S.C. sec. 230(f)(2)
, for content provided by another person.
Added by 2019 Ch. 88,§ 1, eff. 4/8/2019.
L. 2019: Entire part added, (SB 19-100), ch. 330, p. 330, § 1, effective April 8.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › DAMAGES AND LIMITATIONS ON ACTIONS (§§ 13-21-101 — 13-21-1409) › Article 21 - DAMAGES (§§ 13-21-101 — 13-21-1409) › Part 14 - UNIFORM CIVIL REMEDIES FOR UNAUTHORIZED DISCLOSURE OF INTIMATE IMAGES (§§ 13-21-1401 — 13-21-1409) › Section 13-21-1409 - Uniformity of application and construction

In applying and construing this part 14, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Added by 2019 Ch. 88,§ 1, eff. 4/8/2019.
L. 2019: Entire part added, (SB 19-100), ch. 330, p. 330, § 1, effective April 8.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › CONTRACTS AND AGREEMENTS (§§ 13-22-101 — 13-24-123) › Article 22 - AGE OF COMPETENCE - ARBITRATION - MEDIATION (§§ 13-22-101 — 13-22-708) › Part 1 - AGE OF COMPETENCE - TRANSPLANT AND TRANSFUSION LIMITATION (§§ 13-22-101 — 13-22-107) › Section 13-22-101 - Competence of persons eighteen years of age or older

(1)
Notwithstanding any other provision of law enacted or any judicial decision made prior to July 1, 1973, every person, otherwise competent, shall be deemed to be of full age at the age of eighteen years or older for the following specific purposes:
(a)
To enter into any legal contractual obligation and to be legally bound thereby to the full extent as any other adult person; but such obligation shall not be considered a family expense of the parents of the person who entered into the contract, under section
14-6-110
, C.R.S.;
(b)
To manage his estate in the same manner as any other adult person. This section shall not apply to custodial property given or held under the terms of the "Colorado Uniform Transfers to Minors Act", article
50
of title
11
, C.R.S., or property held for a protected person under the "Colorado Probate Code", article
14
of title
15
, C.R.S., unless otherwise permitted in said articles;
(c)
To sue and be sued in any action to the full extent as any other adult person in any of the courts of this state, without the necessity for a guardian ad litem or someone acting in his behalf;
(d)
To make decisions in regard to his own body and the body of his issue, whether natural or adopted by such person, to the full extent allowed to any other adult person.
L. 73: p. 543, §§ 1, 2. C.R.S. 1963: § 41-4-1. L. 84: (1)(b) amended, p. 394, § 5, effective July 1. L. 91: (1)(b) amended, p. 1442, § 2, effective July 1.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › CONTRACTS AND AGREEMENTS (§§ 13-22-101 — 13-24-123) › Article 22 - AGE OF COMPETENCE - ARBITRATION - MEDIATION (§§ 13-22-101 — 13-22-708) › Part 1 - AGE OF COMPETENCE - TRANSPLANT AND TRANSFUSION LIMITATION (§§ 13-22-101 — 13-22-107) › Section 13-22-102 - Minors - consent for medical care and treatment for use of drugs or a substance use disorder

Notwithstanding any other provision of law, any physician licensed to practice in this state, upon consultation by a minor as a patient, with the consent of such minor patient, may examine, prescribe for, and treat the minor patient for use of drugs or a substance use disorder without the consent of or notification to the parent, parents, or legal guardian of the minor patient, or to any other person having custody or decision-making responsibility with respect to the medical care of the minor patient. In any such case the physician or any person acting pursuant to the minor's direction incurs no civil or criminal liability by reason of having made such examination or prescription or having rendered such treatment, but this immunity does not apply to any negligent acts or omissions by the physician or any person acting pursuant to the physician's direction.
Amended by 2017 Ch. 263, §109, eff. 5/25/2017.
L. 71: p. 493, § 1. C.R.S. 1963: § 41-2-12. L. 98: Entire section amended, p. 1393, § 28, effective 2/1/1999. L. 2017: Entire section amended, (SB 17-242), ch. 263, p. 1293, § 109, effective May 25.
For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › CONTRACTS AND AGREEMENTS (§§ 13-22-101 — 13-24-123) › Article 22 - AGE OF COMPETENCE - ARBITRATION - MEDIATION (§§ 13-22-101 — 13-22-708) › Part 1 - AGE OF COMPETENCE - TRANSPLANT AND TRANSFUSION LIMITATION (§§ 13-22-101 — 13-22-107) › Section 13-22-103.5 - Minors - consent for medical care - pregnancy

Notwithstanding any other provision of law, a pregnant minor may authorize prenatal, delivery, and post-delivery medical care for herself related to the intended live birth of a child.
L. 2006: Entire section added, p. 535, § 1, effective April 22.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › CONTRACTS AND AGREEMENTS (§§ 13-22-101 — 13-24-123) › Article 22 - AGE OF COMPETENCE - ARBITRATION - MEDIATION (§§ 13-22-101 — 13-22-708) › Part 1 - AGE OF COMPETENCE - TRANSPLANT AND TRANSFUSION LIMITATION (§§ 13-22-101 — 13-22-107) › Section 13-22-105 - Minors - consent - contraception

With the minor's consent, a health-care provider licensed, certified, or registered pursuant to title 12 who is acting within the health-care provider's scope of practice may furnish contraceptive procedures, supplies, or information to a minor without notification to or the consent of the minor's parent or parents, legal guardian, or any other person having custody of or decision-making responsibility for the minor.
Amended by 2023 Ch. 69,§ 6, eff. 4/14/2023.
Amended by 2019 Ch. 136, §73, eff. 10/1/2019.
Amended by 2013 Ch. 372, §6, eff. 7/1/2013.
L. 71: p. 639, § 3. C.R.S. 1963: § 91-1-38. L. 2013: Entire section amended, (HB 13-1154), ch. 372, p. 2193, § 6, effective July 1.
For the legislative declaration in the 2013 act amending this section, see section 1 of chapter 372, Session Laws of Colorado 2013.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › CONTRACTS AND AGREEMENTS (§§ 13-22-101 — 13-24-123) › Article 22 - AGE OF COMPETENCE - ARBITRATION - MEDIATION (§§ 13-22-101 — 13-22-708) › Part 1 - AGE OF COMPETENCE - TRANSPLANT AND TRANSFUSION LIMITATION (§§ 13-22-101 — 13-22-107) › Section 13-22-106 - Minors - consent - sexual offense

(1)
Any physician licensed to practice in this state, upon consultation by a minor as a patient who indicates that he or she was the victim of a sexual offense pursuant to part 4 of article
3
of title
18
, C.R.S., with the consent of such minor patient, may perform customary and necessary examinations to obtain evidence of the sexual offense and may prescribe for and treat the patient for any immediate condition caused by the sexual offense.
(2)
(a)
Prior to examining or treating a minor pursuant to subsection (1) of this section, a physician shall make a reasonable effort to notify the parent, parents, legal guardian, or any other person having custody or decision-making responsibility with respect to the medical care of such minor of the sexual offense.
(b)
So long as the minor has consented, the physician may examine and treat the minor as provided for in subsection (1) of this section whether or not the physician has been able to make the notification provided for in paragraph (a) of this subsection (2) and whether or not those notified have given consent, but, if the person having custody or decision-making responsibility with respect to the minor's medical care objects to treatment, then the physician shall proceed under the provisions of part 3 of article
3
of title
19
, C.R.S.
(c)
Nothing in this section shall be deemed to relieve any person from the requirements of the provisions of part 3 of article
3
of title
19
, C.R.S., concerning child abuse.
(3)
If a minor is unable to give the consent required by this section by reason of age or mental or physical condition and it appears that the minor has been the victim of a sexual assault, the physician shall not examine or treat the minor as provided in subsection (1) of this section but shall proceed under the provisions of part 3 of article
3
of title
19
, C.R.S.
(4)
A physician shall incur no civil or criminal liability by reason of having examined or treated a minor pursuant to subsection (1) of this section, but this immunity shall not apply to any negligent acts or omissions by the physician.
L. 79: Entire section added, p. 618, § 1, effective May 4. L. 87: (2)(b), (2)(c), and (3) amended, p. 814, § 12, effective October 10. L. 98: (2)(a) and (2)(b) amended, p. 1394, § 29, effective 2/1/1999. L. 2003: (1) and (2)(a) amended, p. 1432, § 23, effective April 29.
For the exemption from civil liability of physicians and surgeons rendering emergency assistance, see §13-21-108 ; for the exemption from civil liability for persons administering tests to persons suspected of driving under the influence of alcohol or drugs, see §42-4-1301.1(6)(b) .
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › CONTRACTS AND AGREEMENTS (§§ 13-22-101 — 13-24-123) › Article 22 - AGE OF COMPETENCE - ARBITRATION - MEDIATION (§§ 13-22-101 — 13-22-708) › Part 2 - UNIFORM ARBITRATION ACT (§§ 13-22-201 — 13-22-230) › Section 13-22-201 - Definitions

As used in this part 2, unless the context otherwise requires:
(1)
"Arbitration organization" means an association, agency, board, commission, or other entity that is neutral and initiates, sponsors, or administers an arbitration proceeding or is involved in the appointment of an arbitrator.
(2)
"Arbitrator" means an individual appointed to render an award, alone or with others, in a controversy that is subject to an agreement to arbitrate.
(3)
"Court" means a court of competent jurisdiction in this state.
(4)
"Knowledge" means actual knowledge.
(5)
"Person" means an individual; corporation; business trust; estate; trust; partnership; limited liability company; association; joint venture; government; governmental subdivision, agency, or instrumentality; public corporation; or any other legal or commercial entity.
(6)
"Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
L. 2004: Entire part R&RE, p. 1718, § 1, effective August 4.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › CONTRACTS AND AGREEMENTS (§§ 13-22-101 — 13-24-123) › Article 22 - AGE OF COMPETENCE - ARBITRATION - MEDIATION (§§ 13-22-101 — 13-22-708) › Part 2 - UNIFORM ARBITRATION ACT (§§ 13-22-201 — 13-22-230) › Section 13-22-202 - Notice

(1)
Except as otherwise provided in this part 2, a person gives notice to another person by taking action that is reasonably necessary to inform the other person in ordinary course, whether or not the other person acquires knowledge of the notice.
(2)
A person has notice if the person has knowledge of the notice or has received notice.
(3)
A person receives notice when it comes to the person's attention or the notice is delivered at the person's place of residence or place of business, or at another location held out by the person as a place of delivery of such communications.
L. 2004: Entire part R&RE, p. 1719, § 1, effective August 4.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › CONTRACTS AND AGREEMENTS (§§ 13-22-101 — 13-24-123) › Article 22 - AGE OF COMPETENCE - ARBITRATION - MEDIATION (§§ 13-22-101 — 13-22-708) › Part 2 - UNIFORM ARBITRATION ACT (§§ 13-22-201 — 13-22-230) › Section 13-22-203 - Applicability

(1)
Except as otherwise provided in subsection (2) of this section, this part 2 shall govern an agreement to arbitrate made on or after August 4, 2004.
(2)
This part 2 shall govern an agreement to arbitrate made before August 4, 2004, if all parties to the agreement or to the arbitration proceeding so agree in a record.
L. 2004: Entire part R&RE, p. 1719, § 1, effective August 4.
This section is similar to former § 13-22-222 as it existed prior to 2004.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › CONTRACTS AND AGREEMENTS (§§ 13-22-101 — 13-24-123) › Article 22 - AGE OF COMPETENCE - ARBITRATION - MEDIATION (§§ 13-22-101 — 13-22-708) › Part 2 - UNIFORM ARBITRATION ACT (§§ 13-22-201 — 13-22-230) › Section 13-22-204 - Effect of agreement to arbitrate - nonwaivable provisions

(1)
Except as otherwise provided in subsections (2) and (3) of this section, a party to an agreement to arbitrate or to an arbitration proceeding may waive, or, the parties may vary the effect of, the requirements of this part 2 to the extent permitted by law.
(2)
Before a controversy arises that is subject to an agreement to arbitrate, a party to the agreement may not:
(a)
Waive or agree to vary the effect of the requirements of section
13-22-205(1)
,
13-22-206(1)
,
13-22-208
,
13-22-217(1) or (2)
,
13-22-226
, or
13-22-228
;
(b)
Agree to unreasonably restrict the right under section
13-22-209
to notice of the initiation of an arbitration proceeding;
(c)
Agree to unreasonably restrict the right under section
13-22-212
to disclosure of any facts by a neutral arbitrator; or
(d)
Waive the right under section
13-22-216
of a party to an agreement to arbitrate to be represented by a lawyer at any proceeding or hearing under this part 2, but an employer and a labor organization may waive the right to representation by a lawyer in a labor arbitration.
(3)
(a)
Except as otherwise provided in paragraph (b) of this subsection (3), a party to an agreement to arbitrate or arbitration proceeding may not waive, or the parties may not vary the effect of, the requirements of this section or section
13-22-203(1)
,
13-22-207
,
13-22-214
,
13-22-218
,
13-22-220(4) or (5)
,
13-22-222
,
13-22-223
,
13-22-224
,
13-22-225(1) or (2)
, or
13-22-229
.
(b)
If the parties to an agreement to arbitrate or to an arbitration proceeding are a government, governmental subdivision, governmental agency, governmental instrumentality, public corporation, or any commercial entity, the parties may waive the requirements of section
13-22-223
except if the award was procured by corruption or fraud.
L. 2004: Entire part R&RE, p. 1719, § 1, effective August 4.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › CONTRACTS AND AGREEMENTS (§§ 13-22-101 — 13-24-123) › Article 22 - AGE OF COMPETENCE - ARBITRATION - MEDIATION (§§ 13-22-101 — 13-22-708) › Part 2 - UNIFORM ARBITRATION ACT (§§ 13-22-201 — 13-22-230) › Section 13-22-205 - Application for judicial relief

(1)
Except as otherwise provided in section
13-22-228
, an application for judicial relief under this part 2 must be made by motion to the court and heard in the manner provided by law or court rule for making and hearing motions.
(2)
Unless a civil action involving the agreement to arbitrate is pending, notice of an initial motion to the court under this part 2 must be served in the manner provided by law for the service of a summons in a civil action. Otherwise, notice of the motion must be given in the manner provided by law or court rule for serving motions in pending cases.
L. 2004: Entire part R&RE, p. 1720, § 1, effective August 4.
This section is similar to former § 13-22-218 as it existed prior to 2004.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › CONTRACTS AND AGREEMENTS (§§ 13-22-101 — 13-24-123) › Article 22 - AGE OF COMPETENCE - ARBITRATION - MEDIATION (§§ 13-22-101 — 13-22-708) › Part 2 - UNIFORM ARBITRATION ACT (§§ 13-22-201 — 13-22-230) › Section 13-22-206 - Validity of agreement to arbitrate

(1)
An agreement contained in a record to submit to arbitration any existing or subsequent controversy arising between the parties to the agreement is valid, enforceable, and irrevocable except on a ground that exists at law or in equity for the revocation of a contract.
(2)
The court shall decide whether an agreement to arbitrate exists or a controversy is subject to an agreement to arbitrate.
(3)
An arbitrator shall decide whether a condition precedent to arbitrability has been fulfilled and whether a contract containing a valid agreement to arbitrate is enforceable.
(4)
If a party to a judicial proceeding challenges the existence of, or claims that a controversy is not subject to, an agreement to arbitrate, the arbitration proceeding may continue pending final resolution of the issue by the court, unless the court otherwise orders.
L. 2004: Entire part R&RE, p. 1720, § 1, effective August 4.
This section is similar to former § 13-22-203 as it existed prior to 2004.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › CONTRACTS AND AGREEMENTS (§§ 13-22-101 — 13-24-123) › Article 22 - AGE OF COMPETENCE - ARBITRATION - MEDIATION (§§ 13-22-101 — 13-22-708) › Part 2 - UNIFORM ARBITRATION ACT (§§ 13-22-201 — 13-22-230) › Section 13-22-207 - Motion to compel or stay arbitration

(1)
On the motion of a person showing an agreement to arbitrate and alleging another person's refusal to arbitrate pursuant to the agreement:
(a)
If the refusing party does not appear or does not oppose the motion, the court shall order the parties to arbitrate; and
(b)
If the refusing party opposes the motion, the court shall proceed summarily to decide the issue and order the parties to arbitrate unless it finds that there is no enforceable agreement to arbitrate.
(2)
On the motion of a person alleging that an arbitration proceeding has been initiated or threatened but that there is not an agreement to arbitrate, the court shall proceed summarily to decide the issue. If the court finds that there is an enforceable agreement to arbitrate, it shall order the parties to arbitrate.
(3)
If the court finds that there is no enforceable agreement, it may not invoke the provisions of subsection (1) or (2) of this section to order the parties to arbitrate.
(4)
The court may not refuse to order arbitration because the claim subject to arbitration lacks merit or because one or more grounds for the claim have not been established.
(5)
If a proceeding involving a claim referable to arbitration under an alleged agreement to arbitrate is pending in court, a motion made under this section shall be filed with that court. Otherwise, a motion made under this section may be filed in any court pursuant to section
13-22-227
.
(6)
If a party files a motion with the court to order arbitration, the court on just terms shall stay any judicial proceeding that involves a claim alleged to be subject to the arbitration until the ordering court renders a final decision under this section.
(7)
If the court orders arbitration, the court on just terms shall stay any judicial proceeding that involves a claim subject to the arbitration. If a claim subject to the arbitration is severable, the court may limit the stay to that claim.
L. 2004: Entire part R&RE, p. 1720, § 1, effective August 4.
This section is similar to former § 13-22-204 as it existed prior to 2004.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › CONTRACTS AND AGREEMENTS (§§ 13-22-101 — 13-24-123) › Article 22 - AGE OF COMPETENCE - ARBITRATION - MEDIATION (§§ 13-22-101 — 13-22-708) › Part 2 - UNIFORM ARBITRATION ACT (§§ 13-22-201 — 13-22-230) › Section 13-22-208 - Provisional remedies

(1)
Before an arbitrator is appointed and is authorized and able to act, the court, upon motion of a party to an arbitration proceeding and for good cause shown, may enter an order for provisional remedies to protect the effectiveness of the arbitration proceeding to the same extent and under the same conditions as if the controversy were the subject of a civil action.
(2)
After an arbitrator is appointed and is authorized and able to act:
(a)
The arbitrator may issue such orders for provisional remedies, including interim awards, as the arbitrator finds necessary to protect the effectiveness of the arbitration proceeding and to promote the fair and expeditious resolution of the controversy, to the same extent and under the same conditions as if the controversy were the subject of a civil action; and
(b)
A party to an arbitration proceeding may request the court to issue an order for a provisional remedy only if the matter is urgent and the arbitrator is not able to act timely or the arbitrator cannot provide an adequate remedy.
(3)
A party does not waive a right of arbitration by making a motion under subsection (1) or (2) of this section.
L. 2004: Entire part R&RE, p. 1721, § 1, effective August 4.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › CONTRACTS AND AGREEMENTS (§§ 13-22-101 — 13-24-123) › Article 22 - AGE OF COMPETENCE - ARBITRATION - MEDIATION (§§ 13-22-101 — 13-22-708) › Part 2 - UNIFORM ARBITRATION ACT (§§ 13-22-201 — 13-22-230) › Section 13-22-209 - Initiation of arbitration

(1)
A person may initiate an arbitration proceeding by giving notice in a record to the other parties to the agreement to arbitrate in the agreed manner between the parties or, in the absence of an agreement, by certified or registered mail, return receipt requested and obtained, or by service as authorized by law for the commencement of a civil action. The notice shall describe the nature of the controversy and the remedy sought.
(2)
Unless a person objects to the lack of notice or the insufficiency of notice under section
13-22-215(3)
not later than the beginning of the arbitration hearing, a person who appears at the arbitration hearing waives any objection to the lack of notice or insufficiency of notice.
L. 2004: Entire part R&RE, p. 1722, § 1, effective August 4.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › CONTRACTS AND AGREEMENTS (§§ 13-22-101 — 13-24-123) › Article 22 - AGE OF COMPETENCE - ARBITRATION - MEDIATION (§§ 13-22-101 — 13-22-708) › Part 2 - UNIFORM ARBITRATION ACT (§§ 13-22-201 — 13-22-230) › Section 13-22-210 - Consolidation of separate arbitration proceedings

(1)
Except as otherwise provided in subsection (3) of this section, upon the motion of a party to an agreement to arbitrate or to an arbitration proceeding, the court may order consolidation of separate arbitration proceedings as to all or some of the claims if all parties in the arbitration proceedings consent and:
(a)
There are separate agreements to arbitrate or separate arbitration proceedings between or among the same persons or one of the persons is a party to a separate agreement to arbitrate or a separate arbitration proceeding with a third person;
(b)
The claims subject to the agreements to arbitrate arise in substantial part from the same transaction or series of related transactions;
(c)
The existence of a common issue of law or fact creates the possibility of conflicting decisions in the separate arbitration proceedings; and
(d)
Prejudice resulting from a failure to consolidate is not outweighed by the risk of undue delay or prejudice to the rights of or hardship to parties opposing consolidation.
(2)
The court may order consolidation of separate arbitration proceedings as to some claims and allow other claims to be resolved in separate arbitration proceedings.
(3)
The court may not order consolidation of the claims of a party to an agreement to arbitrate if the agreement prohibits consolidation.
L. 2004: Entire part R&RE, p. 1722, § 1, effective August 4.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › CONTRACTS AND AGREEMENTS (§§ 13-22-101 — 13-24-123) › Article 22 - AGE OF COMPETENCE - ARBITRATION - MEDIATION (§§ 13-22-101 — 13-22-708) › Part 2 - UNIFORM ARBITRATION ACT (§§ 13-22-201 — 13-22-230) › Section 13-22-211 - Appointment of arbitrator - service as a neutral arbitrator

(1)
If the parties to an agreement to arbitrate agree on a method for appointing an arbitrator, the method shall be followed unless the method fails. If the parties have not agreed on a method, or the agreed method fails, or an appointed arbitrator fails to act or is unable to act and a successor has not been appointed, the court, on the motion of a party to the arbitration proceeding, shall appoint the arbitrator. An arbitrator appointed pursuant to this subsection (1) shall have all the powers of an arbitrator designated in an agreement to arbitrate or appointed pursuant to an agreed method.
(2)
An individual who has a known, direct, and material interest in the outcome of the arbitration proceeding or a known, existing, and substantial relationship with a party may not serve as an arbitrator if the agreement requires the arbitrator to be neutral.
L. 2004: Entire part R&RE, p. 1722, § 1, effective August 4.
This section is similar to former § 13-22-205 as it existed prior to 2004.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › CONTRACTS AND AGREEMENTS (§§ 13-22-101 — 13-24-123) › Article 22 - AGE OF COMPETENCE - ARBITRATION - MEDIATION (§§ 13-22-101 — 13-22-708) › Part 2 - UNIFORM ARBITRATION ACT (§§ 13-22-201 — 13-22-230) › Section 13-22-212 - Disclosure by arbitrator

(1)
Before accepting an appointment, an individual who is requested to serve as an arbitrator, after making a reasonable inquiry, shall disclose to all parties to the agreement to arbitrate and arbitration proceeding and to any other arbitrators any known facts that a reasonable person would consider likely to affect the impartiality of the arbitrator in the arbitration proceeding, including:
(a)
A financial or personal interest in the outcome of the arbitration proceeding; and
(b)
A current or previous relationship with any of the parties to the agreement to arbitrate or the arbitration proceeding, their counsel or representatives, a witness, or another arbitrator.
(2)
An arbitrator shall have a continuing obligation to disclose to all parties to the agreement to arbitrate and to the arbitration proceeding and to any other arbitrators any facts that the arbitrator learns after accepting appointment that a reasonable person would consider likely to affect the impartiality of the arbitrator.
(3)
If an arbitrator discloses a fact required to be disclosed by subsection (1) or (2) of this section and a party timely objects to the appointment or continued service of the arbitrator based upon the fact disclosed, the objection may be a ground under section
13-22-223(1)(b)
for vacating an award made by an arbitrator.
(4)
If the arbitrator does not disclose a fact as required by subsection (1) or (2) of this section, upon timely objection by a party, the court may vacate an award under section
13-22-223(1)(b)
.
(5)
An arbitrator appointed as a neutral arbitrator who does not disclose a known, direct, and material interest in the outcome of the arbitration proceeding or a known, existing, and substantial relationship with a party shall be presumed to act with evident partiality under section
13-22-223(1)(b)
.
(6)
If the parties to an arbitration proceeding agree to the procedures of an arbitration organization or any other procedures for challenges to arbitrators before an award is made, substantial compliance with those procedures is a condition precedent to a motion to vacate an award on that ground under section
13-22-223(1)(b)
.
L. 2004: Entire part R&RE, p. 1723, § 1, effective August 4.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › CONTRACTS AND AGREEMENTS (§§ 13-22-101 — 13-24-123) › Article 22 - AGE OF COMPETENCE - ARBITRATION - MEDIATION (§§ 13-22-101 — 13-22-708) › Part 2 - UNIFORM ARBITRATION ACT (§§ 13-22-201 — 13-22-230) › Section 13-22-213 - Action by majority

If there is more than one arbitrator, the powers of an arbitrator shall be exercised by a majority of the arbitrators, except that all of the arbitrators shall conduct the hearing under the provisions of section
13-22-215(3)
.
L. 2004: Entire part R&RE, p. 1724, § 1, effective August 4.
This section is similar to former § 13-22-205 as it existed prior to 2004.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › CONTRACTS AND AGREEMENTS (§§ 13-22-101 — 13-24-123) › Article 22 - AGE OF COMPETENCE - ARBITRATION - MEDIATION (§§ 13-22-101 — 13-22-708) › Part 2 - UNIFORM ARBITRATION ACT (§§ 13-22-201 — 13-22-230) › Section 13-22-214 - Immunity of arbitrator - competency to testify - attorney fees and costs

(1)
An arbitrator or an arbitration organization acting in the capacity of an arbitrator is immune from civil liability to the same extent as a judge of a court of this state acting in a judicial capacity.
(2)
The immunity afforded by this section is in addition to, and not in lieu of, or in derogation of, immunity conferred under any other provision of law.
(3)
The failure of an arbitrator to make a disclosure required by section
13-22-212
shall not cause any loss of immunity that is granted under this section.
(4)
(a)
In a judicial proceeding, administrative proceeding, or other similar proceeding, an arbitrator or representative of an arbitration organization shall not be competent to testify and may not be required to produce records as to any statement, conduct, decision, or ruling that occurred during the arbitration proceeding, to the same extent as a judge of a court of this state acting in a judicial capacity.
(b)
This subsection (4) shall not apply:
(I)
To the extent necessary to determine the claim of an arbitrator, arbitration organization, or representative of the arbitration organization against a party to the arbitration proceeding; or
(II)
To a hearing on a motion to vacate an award under section
13-22-223(1)(a) or (1)(b)
if the movant makes a prima facie showing that a ground for vacating the award exists.
(5)
If a person commences a civil action against an arbitrator, arbitration organization, or representative of an arbitration organization arising from the services of the arbitrator, organization, or representative, or if a person seeks to compel an arbitrator or a representative of an arbitration organization to testify or produce records in violation of subsection (4) of this section, and the court decides that the arbitrator, arbitration organization, or representative of an arbitration organization is immune from civil liability or that the arbitrator or representative of the organization is not competent to testify, the court shall award to the arbitrator, organization, or representative reasonable attorney fees and reasonable expenses of litigation.
L. 2004: Entire part R&RE, p. 1724, § 1, effective August 4.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › CONTRACTS AND AGREEMENTS (§§ 13-22-101 — 13-24-123) › Article 22 - AGE OF COMPETENCE - ARBITRATION - MEDIATION (§§ 13-22-101 — 13-22-708) › Part 2 - UNIFORM ARBITRATION ACT (§§ 13-22-201 — 13-22-230) › Section 13-22-215 - Arbitration process

(1)
An arbitrator may conduct an arbitration in a manner that the arbitrator considers appropriate for a fair and expeditious disposition of the proceeding. The authority conferred upon the arbitrator by this part 2 shall include, but not be limited to, the power to hold conferences with the parties to the arbitration proceeding before the hearing and the power to determine the admissibility, relevance, materiality, and weight of any evidence.
(2)
An arbitrator may decide a request for summary disposition of a claim or particular issue:
(a)
If all interested parties agree; or
(b)
Upon request of one or more parties to the arbitration proceeding if that party gives notice to all other parties to the proceeding and the other parties have a reasonable opportunity to respond.
(3)
If an arbitrator orders a hearing, the arbitrator shall set a time and place and give notice of the hearing not less than five days before the hearing begins. Unless a party to the arbitration proceeding makes an objection to lack or insufficiency of notice not later than the beginning of the hearing, the party's appearance at the hearing shall waive the objection. Upon the request of a party to the arbitration proceeding and for good cause shown, or upon the arbitrator's own initiative, the arbitrator may adjourn the hearing from time to time as necessary but may not postpone the hearing to a time later than that fixed by the agreement to arbitrate for making the award unless the parties to the arbitration proceeding consent to a later date. The arbitrator may hear and decide the controversy upon the evidence produced even if a party who was duly notified of the arbitration proceeding does not appear. The court, on motion, may direct the arbitrator to conduct the hearing promptly and render a timely decision.
(4)
At a hearing under subsection (3) of this section, a party to the arbitration proceeding has a right to be heard, to present evidence material to the controversy, and to cross-examine witnesses appearing at the hearing.
(5)
If an arbitrator ceases or is unable to act during the arbitration proceeding, a replacement arbitrator shall be appointed in accordance with section
13-22-211
to continue the proceeding and to resolve the controversy.
L. 2004: Entire part R&RE, p. 1724, § 1, effective August 4.
This section is similar to former § 13-22-207 as it existed prior to 2004.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › CONTRACTS AND AGREEMENTS (§§ 13-22-101 — 13-24-123) › Article 22 - AGE OF COMPETENCE - ARBITRATION - MEDIATION (§§ 13-22-101 — 13-22-708) › Part 2 - UNIFORM ARBITRATION ACT (§§ 13-22-201 — 13-22-230) › Section 13-22-216 - Representation by attorney

A party to an arbitration proceeding may be represented by an attorney.
L. 2004: Entire part R&RE, p. 1725, § 1, effective August 4.
This section is similar to former § 13-22-208 as it existed prior to 2004.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › CONTRACTS AND AGREEMENTS (§§ 13-22-101 — 13-24-123) › Article 22 - AGE OF COMPETENCE - ARBITRATION - MEDIATION (§§ 13-22-101 — 13-22-708) › Part 2 - UNIFORM ARBITRATION ACT (§§ 13-22-201 — 13-22-230) › Section 13-22-218 - Judicial enforcement of pre-award ruling by arbitrator

If an arbitrator makes a pre-award ruling in favor of a party to the arbitration proceeding, the party may request the arbitrator to incorporate the ruling into an award under section
13-22-219
. A prevailing party may make a motion to the court for an expedited order to confirm the award under section
13-22-222
, in which case the court shall summarily decide the motion. The court shall issue an order to confirm the award unless the court vacates, modifies, or corrects the award under section
13-22-223
or
13-22-224
.
L. 2004: Entire part R&RE, p. 1726, § 1, effective August 4.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › CONTRACTS AND AGREEMENTS (§§ 13-22-101 — 13-24-123) › Article 22 - AGE OF COMPETENCE - ARBITRATION - MEDIATION (§§ 13-22-101 — 13-22-708) › Part 2 - UNIFORM ARBITRATION ACT (§§ 13-22-201 — 13-22-230) › Section 13-22-219 - Award

(1)
An arbitrator shall make a record of an award. The record shall be signed or otherwise authenticated by an arbitrator who concurs with the award. The arbitrator or the arbitration organization shall give notice of the award, including a copy of the award, to each party to the arbitration proceeding.
(2)
An award must be made within the time specified by the agreement to arbitrate or, if not specified therein, within the time ordered by the court. The court may extend the time or the parties to the arbitration proceeding may agree in a record to extend the time. The court or the parties may do so within or after the time specified or ordered. A party shall be deemed to have waived any objection that an award was not timely made unless the party gives notice of the objection to the arbitrator before receiving notice of the award.
L. 2004: Entire part R&RE, p. 1727, § 1, effective August 4.
This section is similar to former § 13-22-210 as it existed prior to 2004.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › CONTRACTS AND AGREEMENTS (§§ 13-22-101 — 13-24-123) › Article 22 - AGE OF COMPETENCE - ARBITRATION - MEDIATION (§§ 13-22-101 — 13-22-708) › Part 2 - UNIFORM ARBITRATION ACT (§§ 13-22-201 — 13-22-230) › Section 13-22-220 - Change of award by arbitrator

(1)
On motion to an arbitrator by a party to an arbitration proceeding, the arbitrator may modify or correct an award:
(a)
Upon a ground stated in section
13-22-224(1)(a) or (1)(c)
;
(b)
If the arbitrator has not made a final and definite award upon a claim submitted by the parties to the arbitration proceeding; or
(c)
To clarify the award.
(2)
A motion made under subsection (1) of this section shall be made and notice shall be given to all parties within twenty days after the movant receives notice of the award.
(3)
A party to the arbitration proceeding shall give notice of any objection to the motion within ten days after receipt of the notice.
(4)
If a motion to the court is pending under section
13-22-222
,
13-22-223
, or
13-22-224
, the court may submit the claim to the arbitrator to consider whether to modify or correct the award:
(a)
Upon a ground stated in section
13-22-224(1)(a) or (1)(c)
;
(b)
If the arbitrator has not made a final and definite award upon a claim submitted by the parties to the arbitration proceeding; or
(c)
To clarify the award.
(5)
An award modified or corrected pursuant to this section is subject to the provisions of sections
13-22-219(1)
,
13-22-222
,
13-22-223
, and
13-22-224
.
L. 2004: Entire part R&RE, p. 1727, § 1, effective August 4.
This section is similar to former § 13-22-211 as it existed prior to 2004.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › CONTRACTS AND AGREEMENTS (§§ 13-22-101 — 13-24-123) › Article 22 - AGE OF COMPETENCE - ARBITRATION - MEDIATION (§§ 13-22-101 — 13-22-708) › Part 2 - UNIFORM ARBITRATION ACT (§§ 13-22-201 — 13-22-230) › Section 13-22-221 - Remedies - fees and expenses of arbitration proceeding

(1)
An arbitrator may award reasonable attorney fees and other reasonable expenses of arbitration if such an award is authorized by law in a civil action involving the same claim or by the agreement of the parties to the arbitration proceeding.
(2)
An arbitrator's expenses and fees, together with other expenses, shall be paid as provided in the award.
(3)
Nothing in this section shall be construed to alter or amend the provisions of section
13-21-102(5)
.
L. 2004: Entire part R&RE, p. 1728, § 1, effective August 4.
This section is similar to former § 13-22-212 as it existed prior to 2004.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › CONTRACTS AND AGREEMENTS (§§ 13-22-101 — 13-24-123) › Article 22 - AGE OF COMPETENCE - ARBITRATION - MEDIATION (§§ 13-22-101 — 13-22-708) › Part 2 - UNIFORM ARBITRATION ACT (§§ 13-22-201 — 13-22-230) › Section 13-22-222 - Confirmation of award

(1)
After a party to an arbitration proceeding receives notice of an award, the party may make a motion to the court for an order confirming the award at which time the court shall issue a confirming order unless the award is modified or corrected pursuant to section
13-22-220
or
13-22-224
or is vacated pursuant to section
13-22-223
.
(2)
Repealed.
L. 2004: Entire part R&RE, p. 1728, § 1, effective August 4. L. 2005: (2) repealed, p. 764, § 20, effective June 1.
This section is similar to former § 13-22-213 as it existed prior to 2004.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › CONTRACTS AND AGREEMENTS (§§ 13-22-101 — 13-24-123) › Article 22 - AGE OF COMPETENCE - ARBITRATION - MEDIATION (§§ 13-22-101 — 13-22-708) › Part 2 - UNIFORM ARBITRATION ACT (§§ 13-22-201 — 13-22-230) › Section 13-22-224 - Modification or correction of award

(1)
Upon motion made within ninety-one days after the movant receives notice of the award pursuant to section
13-22-219
or within ninety-one days after the movant receives notice of a modified or corrected award pursuant to section
13-22-220
, the court shall modify or correct the award if:
(a)
There is an evident mathematical miscalculation or an evident mistake in the description of a person, thing, or property referred to in the award;
(b)
The arbitrator has made an award on a claim not submitted to the arbitrator and the award may be corrected without affecting the merits of the decision upon the claims submitted; or
(c)
The award is imperfect in a matter of form not affecting the merits of the decision on the claims submitted.
(2)
If a motion made under subsection (1) of this section is granted, the court shall modify or correct and confirm the award as modified or corrected. Otherwise, unless a motion to vacate is pending, the court shall confirm the award.
(3)
A motion to modify or correct an award pursuant to this section may be joined with a motion to vacate the award.
L. 2004: Entire part R&RE, p. 1729, § 1, effective August 4. L. 2012: IP(1) amended, (SB 12-175), ch. 208, p. 824, § 8, effective July 1.
This section is similar to former § 13-22-215 as it existed prior to 2004.