2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › FORCIBLE ENTRY AND DETAINER (§§ 13-40-101 — 13-40.1-102) › Article 40 - FORCIBLE ENTRY AND DETAINER - GENERAL PROVISIONS (§§ 13-40-101 — 13-40-128) › Section 13-40-113.5 - [Effective Until 11/1/2024] Residential actions in county court - remote participation - electronic filing - procedures for technology failure - auxiliary services providers

(1)
For a residential action filed in county court pursuant to this article 40:
(a)
The court shall allow either party and any witness to choose to appear in person or remotely by phone or video on a platform designated by the court at any return, conference, hearing, trial, or other court proceeding. Either party and any witness may elect to change how the party or witness intends to participate by contacting the court; except that, if a party or witness contacts the court within forty-eight hours of the scheduled appearance, the court has discretion whether to approve the party or witness's requested change in participation.
(b)
A pro se defendant may file an answer electronically through an e-filing system. If either party is pro se, the party may file a motion or other documents, including, but not limited to, evidence, additional documentation, or a motion to waive filing fees, electronically through an e-filing system.
(c)
(I)
The court shall not assess an e-filing or service fee on a motion to waive filing fees. If a motion to waive filing fees is submitted, the court may request additional documentation and the court shall give the petitioner at least twenty-four hours to provide the requested documentation to the court.
(II)
The court shall not assess an e-filing fee, service fee, or any other fee associated with the e-mail filing of motions, answers, or documents for an indigent party; and
(d)
The court shall comply with any federal or state law or regulation, including any supreme court directive or policy, regarding the provision of accommodations for people with a disability or for people with limited English proficiency during any proceeding, regardless of whether the proceeding is conducted in person or remotely by phone or video on a platform designated by the court.
(2)
In the event a party is disconnected or there is a technology failure, the court shall make all reasonable efforts to contact the party and shall allow reasonable time for the party to reestablish connection with the court. If the party is unable to reestablish connection, the court shall reschedule the hearing, to be held in person, for the first available date after the date of the originally scheduled hearing but no later than one week after the originally scheduled hearing, to the extent practicable. The court shall not enter a default judgment if a party is unable to participate remotely due to a technological disconnection or failure.
(3)
A court shall not construe this section to provide less than is required by Title II of the federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12101 et seq., as amended, and its implementing regulations.
Added by 2023 Ch. 415,§ 2, eff. 1/1/2024.
2023 Ch. 415, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
This section is set out more than once due to postponed, multiple, or conflicting amendments.