reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › COSTS (§§ 13-16-101 — 13-17.5-108) › Article 17 - ATTORNEY FEES (§§ 13-17-101 — 13-17-304) › Part 3 - RETENTION OF ATTORNEYS BY GOVERNMENTAL ENTITIES - LIMITATION ON CONTINGENT FEE CONTRACTS (§§ 13-17-301 — 13-17-304) › Section 13-17-302 - Legislative declaration

(1)
The general assembly hereby finds, determines, and declares that:
(a)
In recent years, it has become increasingly common for governmental entities to retain attorneys pursuant to contingent fee contracts and disputes have arisen in several states regarding the amount and propriety of contingent fees;
(b)
Contingent fees are intended to enable persons of modest means to obtain legal representation that they might not otherwise be able to afford but governmental entities have resources that are unavailable to individual citizens;
(c)
Governmental entities should be required to fully consider the costs and risks of litigation before retaining an attorney pursuant to a contingent fee contract;
(d)
The department of law ordinarily represents the interests of the state of Colorado;
(e)
Governmental officials, including attorneys who represent governmental entities on a contractual basis, are entrusted to protect the health, safety, and well-being of citizens and it is the policy of the state that a person who exercises authority on behalf of a governmental entity generally should not have a personal financial stake in the outcome of litigation initiated on behalf of the governmental entity;
(f)
A contingent fee contract that gives an attorney who is retained to represent a governmental entity a direct personal stake in the outcome of legal proceedings is potentially unfair to the citizens or businesses against whom the governmental entity has filed suit and may not serve the best interests of the citizens or businesses on whose behalf the governmental entity initiates legal proceedings;
(g)
Because contingent fee contracts do not require the appropriation of moneys, such contracts circumvent the system of checks and balances that ordinarily provides accountability for decisions of governmental entities and it is appropriate to limit contingent fee contracts to ensure that the decision-making process is protected;
(h)
A contingent fee contract may result in the payment of excessive attorney fees by a governmental entity, thereby denying citizens represented by government the full measure of justice awarded by the courts;
(i)
It is in the best interest of the people of Colorado to limit the circumstances in which governmental entities may retain private attorneys pursuant to contingent fee contracts.
L. 2003: Entire part added, p. 924, § 1, effective August 6.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › COSTS (§§ 13-16-101 — 13-17.5-108) › Article 17 - ATTORNEY FEES (§§ 13-17-101 — 13-17-304) › Part 3 - RETENTION OF ATTORNEYS BY GOVERNMENTAL ENTITIES - LIMITATION ON CONTINGENT FEE CONTRACTS (§§ 13-17-301 — 13-17-304) › Section 13-17-303 - Definitions

As used in this article, unless the context otherwise requires:
(1)
"Contingent fee" means a fee for legal services that is contingent in whole or in part upon the successful outcome of the matter for which the legal services were retained.
(2)
"Contingent fee contract" or "contract" means a contract for legal services in which the amount of the fee to be paid for the legal services depends in whole or in part upon the successful outcome of the matter for which the services were obtained. The term also includes any contract that specifies that fees for legal services will be determined by a court or an arbitrator or any provision of a settlement agreement that requires the opposing party to pay fees for legal services directly to a private attorney retained by a governmental entity pursuant to a contingent fee contract.
(3)
"Governmental entity" means the state, any department or agency of the state, and any state-sponsored institution of higher education.
L. 2003: Entire part added, p. 925, § 1, effective August 6.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › COSTS (§§ 13-16-101 — 13-17.5-108) › Article 17 - ATTORNEY FEES (§§ 13-17-101 — 13-17-304) › Part 3 - RETENTION OF ATTORNEYS BY GOVERNMENTAL ENTITIES - LIMITATION ON CONTINGENT FEE CONTRACTS (§§ 13-17-301 — 13-17-304) › Section 13-17-304 - Limitation on contingent fees - applicability

(1)
(a)
Except as otherwise provided in subsections (2) and (3) of this section, and notwithstanding any other provision of law, a contingent fee contract between a governmental entity and a private attorney shall:
(I)
Require the private attorney to maintain and provide to the governmental entity on a monthly basis a contemporaneous record of the hours of legal services provided by individual attorneys, the nature of such services, and any court costs incurred during each month and in the aggregate from the effective date of the contingent fee contract;
(II)
Require the private attorney, upon the successful resolution of the matter for which the private attorney was retained, to provide to the governmental entity a statement of the hours of legal services provided by attorneys, the nature of such services, the amount of court costs incurred, the total amount of the contingent fee, and the average hourly rate for legal services provided by attorneys; and
(III)
Specify an alternative hourly rate, not to exceed one thousand dollars per hour, at which the attorney shall be compensated in the event that the statement provided by the attorney indicates an average hourly rate for legal services provided by attorneys of more than one thousand dollars per hour.
(b)
The average hourly rate for legal services provided by attorneys shall be determined by dividing the amount of the contingent fee, less the amount of court costs incurred if said amount is part of the contingent fee, by the number of hours of legal services provided by attorneys. Clerical work, including but not limited to transcription, photocopying, and document filing and organization, shall not be considered legal services provided by attorneys even if an attorney performs such work.
(2)
The limitations and requirements of subsection (1) of this section shall not apply to any contingent fee contract entered into by a governmental entity prior to August 6, 2003.
(3)
The limitations and requirements of subsection (1) of this section shall not apply to any contingent fee contract entered into by a governmental entity if the contract is for legal services performed by an attorney in connection with the collection of debts or taxes owed to a governmental entity and was entered into pursuant to section
23-3.1-104(1)(f) or (2)(i)
,
23-5-113(1)
,
24-30-202.4
, or
39-21-114
, C.R.S., or any other statutory provision that expressly authorizes or requires the payment of a portion of the moneys collected to an attorney retained to collect such debts or taxes.
(4)
Compliance with this part 3 does not relieve a contracting attorney of any obligation or legal responsibility imposed by the Colorado rules of professional conduct or any provision of law.
L. 2003: Entire part added, p. 926, § 1, effective August 6.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › COSTS (§§ 13-16-101 — 13-17.5-108) › Article 17.5 - COSTS - ATTORNEY FEES - INMATE LAWSUITS (§§ 13-17.5-101 — 13-17.5-108) › Section 13-17.5-101 - Legislative declaration

(1)
The general assembly declares that the state has a strong interest in limiting substantially frivolous, groundless, or vexatious inmate lawsuits that impose an undue burden on the state judicial system. While recognizing an inmate's right to access the courts for relief from unlawful state actions, the general assembly finds that a significant number of inmates file substantially frivolous, groundless, or vexatious lawsuits.
(2)
The general assembly, therefore, determines that it is necessary to enact legislation that promotes efficiency in the disposition of inmate lawsuits by providing for preliminary matters to be determined by magistrates and to provide for sanctions against inmates who are allowed to file claims against public defendants and whose claims are dismissed as frivolous.
L. 95: Entire article added, p. 478, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › COSTS (§§ 13-16-101 — 13-17.5-108) › Article 17.5 - COSTS - ATTORNEY FEES - INMATE LAWSUITS (§§ 13-17.5-101 — 13-17.5-108) › Section 13-17.5-102 - Definitions

As used in this article only:
(1)
"Civil action" means the filing of a complaint, petition, writ, or motion with any court within the state, including any appellate court; except that "civil action" does not include any criminal action or an action for habeas corpus under article
45
of this title.
(1.5)
"Detaining facility" means any state correctional facility, as defined in section
17-1-102
(1.7), C.R.S., including the youthful offender system, any private correctional facility housing state prisoners pursuant to part 2 of article
1
of title
17
, C.R.S., any local jail, as defined in section
16-11-308.5
(1.5), C.R.S., or any community corrections program, established in article
27
of title
17
, C.R.S. A detaining facility shall not include any juvenile detention facility that detains only juveniles.
(2)
"Inmate" means a person who is sentenced or is awaiting sentencing to any detaining facility.
(3)
"Public defendant" means any state, county, or municipal agency, any state, county, or municipal official or employee acting within the scope of his or her authority, or any agent acting on behalf of any state, county, or municipal agency.
L. 95: Entire article added, p. 478, § 1, effective July 1. L. 98: (1) amended and (1.5) added, p. 246, § 1, effective April 13.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › COSTS (§§ 13-16-101 — 13-17.5-108) › Article 17.5 - COSTS - ATTORNEY FEES - INMATE LAWSUITS (§§ 13-17.5-101 — 13-17.5-108) › Section 13-17.5-102.3 - Exhaustion of remedies

(1)
No inmate shall bring a civil action based upon prison conditions under any statute or constitutional provision until all available administrative remedies have been exhausted in a timely fashion by the entity operating the detaining facility and inmate. For purposes of this subsection (1), an inmate shall be considered to have exhausted all available administrative remedies when the inmate has completed the last step in the inmate grievance process as set forth in the regulations promulgated by the entity operating the detaining facility. Failure to allege in the civil action that all available administrative remedies have been exhausted in accordance with this subsection (1) shall result in dismissal of the civil action.
(2)
Notwithstanding subsection (1) of this section, if a court finds that a claim filed by an inmate is frivolous, malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief from a defendant who is immune from monetary relief, a court may dismiss the claim without first requiring exhaustion of administrative remedies.
L. 98: Entire section added, p. 247, § 2, effective April 13. L. 2001: (1) amended, p. 289, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › COSTS (§§ 13-16-101 — 13-17.5-108) › Article 17.5 - COSTS - ATTORNEY FEES - INMATE LAWSUITS (§§ 13-17.5-101 — 13-17.5-108) › Section 13-17.5-102.7 - Successive claims

(1)
No inmate who on three or more occasions has brought a civil action based upon prison conditions that has been dismissed on the grounds that it was frivolous, groundless, or malicious or failed to state a claim upon which relief may be granted or sought monetary relief from a defendant who is immune from such relief, shall be permitted to proceed as a poor person in a civil action based upon prison conditions under any statute or constitutional provision.
(2)
Notwithstanding the provisions of subsection (1) of this section, an inmate may proceed as a poor person in a civil action if the judge finds that the action alleges sufficient facts which, if assumed to be true, would demonstrate that the inmate is in imminent danger of serious physical injury.
(3)
(a)
A copy of any court order that dismisses an inmate's civil action on the grounds that it is frivolous, groundless, or malicious or fails to state a claim upon which relief may be granted or seeks monetary relief from a defendant who is immune from such relief shall be mailed by the court clerk to the Colorado attorney general, whether or not the attorney general entered an appearance in the civil action, and whether or not the civil action involved a state correctional facility or state defendant. The attorney general shall monitor the dismissals described in this paragraph (a).
(b)
The attorney general shall inform the state judicial department or the chief judge of each judicial district whenever the attorney general becomes aware that an inmate has been assessed three or more dismissals as described in paragraph (a) of this subsection (3). Each judicial district shall maintain a registry of such information. An inmate listed in the registry who brings a civil action shall be subject to the provisions of subsections (1) and (2) of this section.
L. 98: Entire section added, p. 247, § 2, effective April 13. L. 2001: Entire section amended, p. 289, § 2, effective July 1.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › COSTS (§§ 13-16-101 — 13-17.5-108) › Article 17.5 - COSTS - ATTORNEY FEES - INMATE LAWSUITS (§§ 13-17.5-101 — 13-17.5-108) › Section 13-17.5-103 - Filing fees

(1)
An inmate who seeks to proceed in any civil action without prepayment of fees, in addition to filing any required affidavit, shall submit a copy of the inmate's account statement for the six-month period immediately preceding the filing of the civil action, certified by an appropriate official at the detaining facility. If the inmate account demonstrates that the inmate has sufficient funds to pay the filing fee, or if the action on its face is frivolous, groundless, or malicious, or fails to state a claim upon which relief may be granted or seeks monetary relief from a defendant who is immune from such relief, the motion to proceed as a poor person shall be denied.
(2)
Any inmate who is allowed to proceed in the civil action as a poor person shall be required to pay the full amount of the filing fee and service of process fees previously paid by the court in the following installments:
(a)
If the inmate has ten dollars or more in his or her inmate account, make an initial partial payment in accordance with the order of the court; and
(b)
Regardless if the inmate has ten dollars in his or her inmate account at the time of the filing of the civil action, make continuing monthly payments to the court equal to twenty percent of the preceding month's deposits in the inmate's account until the filing fee and service of process fees previously paid by the court are paid in full.
(2.5)
The court shall include in its order granting permission to proceed as a poor person the requirement that the inmate comply with the provisions of subsection (2) of this section.
(2.7)
A copy of any order granting an inmate's motion to proceed in a civil action as a poor person shall be forwarded by the court to the detaining facility that has custody of the inmate. Upon receipt of the order, the detaining facility shall forward payments from the inmate's account to the court in accordance with the order granting leave to proceed as a poor person.
(3)
In no event shall an inmate be prohibited from filing a civil action or appealing a civil or criminal judgment because the inmate has no assets and no means by which to pay the initial partial payment.
L. 95: Entire article added, p. 479, § 1, effective July 1. L. 98: Entire section amended, p. 248, § 4, effective April 13. L. 2001: Entire section amended, p. 290, § 3, effective July 1.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › COSTS (§§ 13-16-101 — 13-17.5-108) › Article 17.5 - COSTS - ATTORNEY FEES - INMATE LAWSUITS (§§ 13-17.5-101 — 13-17.5-108) › Section 13-17.5-104 - Stay of state judicial proceedings

If the court determines, during the course of a state civil action by an inmate against any public defendant, that a federal civil action or grievance procedure is pending that involves the inmate and any of the same issues raised in the state civil action, the court shall stay the state civil action until the federal civil action or the grievance procedure is completed and all rights of appeal have been exhausted.
L. 95: Entire article added, p. 479, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › COSTS (§§ 13-16-101 — 13-17.5-108) › Article 17.5 - COSTS - ATTORNEY FEES - INMATE LAWSUITS (§§ 13-17.5-101 — 13-17.5-108) › Section 13-17.5-105 - Proceedings before magistrate

As provided by sections
13-5-201
and
13-6-501
, district and county court magistrates may preside over inmate motions filed pursuant to section
13-16-103
and motions filed pursuant to the Colorado rules of civil procedure to dispose of the inmate's action without the necessity of trial.
L. 95: Entire article added, p. 479, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › COSTS (§§ 13-16-101 — 13-17.5-108) › Article 17.5 - COSTS - ATTORNEY FEES - INMATE LAWSUITS (§§ 13-17.5-101 — 13-17.5-108) › Section 13-17.5-106 - Assessment of costs and attorney fees - review of inmate spending from account - recovery of costs from inmate accounts - alternative sanctions - continuing garnishment authorized

(1)
(a)
In any action based upon prison conditions brought under any statute or constitutional provision, if attorney fees are recoverable pursuant to any state or federal statute, no attorney fees shall be awarded to an inmate, except to the extent that:
(I)
The fees were directly and reasonably incurred in proving an actual violation of the inmate's rights protected by the constitution or statute; and
(II)
(A)
The amount of the fees is proportionately related to the court-ordered relief for the violation; or
(B)
The fees were directly and reasonably incurred in enforcing the relief ordered for the violation.
(b)
No award of attorney fees under paragraph (a) of this subsection (1) shall be based on an hourly rate in excess of one hundred fifty percent of the hourly rate paid to court-appointed counsel in the district in which the action was filed.
(c)
Whenever a separate monetary judgment is awarded in an action in which attorney fees are awarded under paragraph (a) of this subsection (1), a portion of the judgment not to exceed twenty-five percent shall be applied to reduce the amount of attorney fees awarded against the defendant.
(d)
Nothing in this subsection (1) shall prohibit an inmate from entering into an agreement to pay an attorney fee in excess of the amount authorized in this subsection (1), if the fee is paid by the individual rather than by a defendant.
(2)
The court may also enter judgment against an inmate who has been allowed to proceed as a poor person pursuant to section
13-16-103
for the amount of court costs and fees that the inmate would have incurred except for the provisions of that section, if the court awards attorney fees pursuant to subsection (1) of this section. The judgment entered by the court shall be collected and applied in accordance with subsection (3) of this section.
(3)
If judgment for costs and attorney fees is awarded to a public defendant or to the court, pursuant to subsection (1) or (2) of this section, the court, pursuant to section
13-54.5-102
, shall issue a writ of continuing garnishment of the inmate's account with the detaining facility, which garnishment shall continue until the judgment is paid in full, notwithstanding the requirement set forth in section
13-54.5-103
that the garnishment be renewed.
L. 95: Entire article added, p. 479, § 1, effective July 1. L. 98: (1) amended, p. 247, § 3, effective April 13.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › COSTS (§§ 13-16-101 — 13-17.5-108) › Article 17.5 - COSTS - ATTORNEY FEES - INMATE LAWSUITS (§§ 13-17.5-101 — 13-17.5-108) › Section 13-17.5-106.5 - Court-ordered payment

Any compensatory damages awarded to an inmate in connection with a civil action brought against any federal, state, or local jail, prison, or facility or against any official or agent of a jail, prison, or facility, after deduction for any award of attorney fees pursuant to section
13-17.5-106(1)(c)
, shall be paid directly to satisfy any outstanding court-ordered payments pending against the inmate, including but not limited to restitution or child support. The remainder of the award after full payment of all pending court orders shall be forwarded to the inmate.
L. 98: Entire section added, p. 247, § 2, effective April 13.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › COSTS (§§ 13-16-101 — 13-17.5-108) › Article 17.5 - COSTS - ATTORNEY FEES - INMATE LAWSUITS (§§ 13-17.5-101 — 13-17.5-108) › Section 13-17.5-107 - Construction of article - severability

Nothing in this article shall be construed to impede an inmate's constitutional right of access to the courts. If any provision of this section or the application thereof to any person or circumstances is held invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this section which can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this section are declared to be severable.
L. 95: Entire article added, p. 480, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › COSTS (§§ 13-16-101 — 13-17.5-108) › Article 17.5 - COSTS - ATTORNEY FEES - INMATE LAWSUITS (§§ 13-17.5-101 — 13-17.5-108) › Section 13-17.5-108 - Teleconferenced hearings

The department of law, the department of corrections, and the state judicial department shall cooperate to determine the cost of and actively pursue federal funding and contributions from any public or private entity for the purpose of developing, implementing, and maintaining a teleconferencing system for conducting proceedings in connection with state or federal civil actions filed by an inmate against a public defendant. On or before December 1, 1996, the state judicial department shall inform the judiciary committees of the general assembly of the progress made in pursuing funds for the development of the system. On or before March 1, 1996, the state judicial department shall submit a detailed plan to implement the use of a teleconferencing system for all proceedings in which an inmate is a witness or a party.
L. 95: Entire article added, p. 480, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › REGULATION OF ACTIONS AND PROCEEDINGS (§§ 13-20-101 — 13-20-1301) › Article 20 - ACTIONS (§§ 13-20-101 — 13-20-1301) › Part 1 - SURVIVAL OF ACTIONS (§§ 13-20-101 — 13-20-102) › Section 13-20-101 - What actions survive

(1)
All causes of action, except actions for slander or libel, shall survive and may be brought or continued notwithstanding the death of the person in favor of or against whom such action has accrued, but punitive damages shall not be awarded nor penalties adjudged after the death of the person against whom such punitive damages or penalties are claimed; and, in tort actions based upon personal injury, the damages recoverable after the death of the person in whose favor such action has accrued shall be limited to loss of earnings and expenses sustained or incurred prior to death and shall not include damages for pain, suffering, or disfigurement, nor prospective profits or earnings after date of death. An action under this section shall not preclude an action for wrongful death under part 2 of article
21
of this title.
(2)
Any action under this section may be brought or the court on motion may allow the action to be continued by or against the personal representative of the deceased. Such action shall be deemed a continuing one and to have accrued to or against such personal representative at the time it would have accrued to or against the deceased if he had survived. If such action is continued against the personal representative of the deceased, a notice shall be served on him as in cases of original process, but no judgment shall be collectible against a deceased person's estate or personal representative unless a claim, for the amount of such judgment as may be recovered in such continuing action, has been presented within the time and in the manner required for other claims against an estate.
L. 73: p. 1646, § 5. C.R.S. 1963: § 41-5-1. L. 75: (2) amended, p. 587, § 4, effective July 1.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › REGULATION OF ACTIONS AND PROCEEDINGS (§§ 13-20-101 — 13-20-1301) › Article 20 - ACTIONS (§§ 13-20-101 — 13-20-1301) › Part 1 - SURVIVAL OF ACTIONS (§§ 13-20-101 — 13-20-102) › Section 13-20-102 - Effect of repeal

The repeal of part 3 of this article concerning informed consent to medical procedures shall not have the effect of invalidating any previous judicial decision relating to requirements for informed consent or liability imposed for the lack thereof.
L. 77: Entire section added, p. 799, § 2, effective May 27.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › REGULATION OF ACTIONS AND PROCEEDINGS (§§ 13-20-101 — 13-20-1301) › Article 20 - ACTIONS (§§ 13-20-101 — 13-20-1301) › Part 2 - ACTIONS ABOLISHED - MARITAL (§§ 13-20-201 — 13-20-208) › Section 13-20-201 - Legislative declaration

The remedies provided by law on or before April 27, 1937, for the enforcement of actions based upon alleged alienation of affections, criminal conversation, seduction, and breach of contract to marry have been subjected to grave abuses, caused extreme annoyance, embarrassment, humiliation, and pecuniary damage to many persons wholly innocent and free of any wrongdoing who were merely the victims of circumstances, and have been exercised by unscrupulous persons for their unjust enrichment, and have furnished vehicles for the commission or attempted commission of crime and in many cases have resulted in the perpetration of frauds, it is hereby declared as the public policy of the state that the best interests of the people of the state will be served by the abolition thereof. Consequently, in the public interest, the necessity for the enactment of this part 2 is hereby declared as a matter of legislative determination.
L. 37: p. 404, § 4. CSA: C. 24A, § 4. CRS 53: § 41-3-3. C.R.S. 1963: § 41-3-3.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › REGULATION OF ACTIONS AND PROCEEDINGS (§§ 13-20-101 — 13-20-1301) › Article 20 - ACTIONS (§§ 13-20-101 — 13-20-1301) › Part 2 - ACTIONS ABOLISHED - MARITAL (§§ 13-20-201 — 13-20-208) › Section 13-20-202 - Civil causes abolished

All civil causes of action for breach of promise to marry, alienation of affections, criminal conversation, and seduction are hereby abolished.
L. 37: p. 403, § 1. CSA: C. 24A, § 1. CRS 53: § 41-3-1. C.R.S. 1963: § 41-3-1.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › REGULATION OF ACTIONS AND PROCEEDINGS (§§ 13-20-101 — 13-20-1301) › Article 20 - ACTIONS (§§ 13-20-101 — 13-20-1301) › Part 2 - ACTIONS ABOLISHED - MARITAL (§§ 13-20-201 — 13-20-208) › Section 13-20-203 - Breach of contract to marry not actionable

No act done within this state shall operate to give rise, either within or without this state, to any of the rights of action abolished by this part 2. No contract to marry made or entered into in this state shall operate to give rise, either within or without this state, to any cause or right of action for the breach thereof, nor shall any contract to marry made in any other state give rise to any cause of action within this state for the breach thereof.
L. 37: p. 404, § 3. CSA: C. 24A, § 3. CRS 53: § 41-3-2. C.R.S. 1963: § 41-3-2.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › REGULATION OF ACTIONS AND PROCEEDINGS (§§ 13-20-101 — 13-20-1301) › Article 20 - ACTIONS (§§ 13-20-101 — 13-20-1301) › Part 2 - ACTIONS ABOLISHED - MARITAL (§§ 13-20-201 — 13-20-208) › Section 13-20-204 - Certain contracts made in settlement of claims void

(1)
All contracts and instruments of every kind, name, nature, or description which may be executed within this state in payment, satisfaction, settlement, or compromise of any claim or cause of action abolished or barred by this part 2, whether such claim or cause of action arose within or without this state, are declared to be contrary to the public policy of this state and absolutely void. It is unlawful to cause, induce, or procure any person to execute such a contract or instrument; or cause, induce, or procure any person to give, pay, transfer, or deliver any money or thing of value in payment, satisfaction, settlement, or compromise of any such claim or cause of action; or to receive, take, or accept any such money or thing of value as such payment, satisfaction, settlement, or compromise. It is unlawful to commence or cause to be commenced, either as party, attorney, or agent or otherwise in behalf of either, in any court of this state any proceeding or action seeking to enforce or recover upon any such contract or instrument, knowing it to be such, whether the same was executed within or without this state.
(2)
This section shall not apply to the payment, satisfaction, settlement, or compromise of any causes of action which are not abolished or barred by this part 2, or any contracts or instruments executed on or before April 27, 1937, or to the bona fide holder in due course of any negotiable instrument which may be executed in pursuance of this statute.
L. 37: p. 405, § 5. CSA: C. 24A, § 5. CRS 53: § 41-3-4. C.R.S. 1963: § 41-3-4.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › REGULATION OF ACTIONS AND PROCEEDINGS (§§ 13-20-101 — 13-20-1301) › Article 20 - ACTIONS (§§ 13-20-101 — 13-20-1301) › Part 2 - ACTIONS ABOLISHED - MARITAL (§§ 13-20-201 — 13-20-208) › Section 13-20-205 - Unlawful to file pleading

It is unlawful for any person, either as litigant or attorney, to file, cause to be filed, threaten to file, or threaten to cause to be filed in any court of this state any pleading or paper setting forth or seeking to recover upon any cause of action abolished or barred by this part 2, whether such cause of action arose within or without this state.
L. 37: p. 405, § 6. CSA: C. 24A, § 6. CRS 53: § 41-3-5. C.R.S. 1963: § 41-3-5.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › REGULATION OF ACTIONS AND PROCEEDINGS (§§ 13-20-101 — 13-20-1301) › Article 20 - ACTIONS (§§ 13-20-101 — 13-20-1301) › Part 2 - ACTIONS ABOLISHED - MARITAL (§§ 13-20-201 — 13-20-208) › Section 13-20-206 - Unlawful to name corespondent

It is unlawful for any person, either as litigant or attorney, to file, cause to be filed, threaten to file, or threaten to cause to be filed in any court of this state any pleading or paper naming or describing in such manner as to identify any person as corespondent or participant in misconduct of the adverse party in any action for dissolution of marriage, legal separation, declaration of invalidity of marriage, or the allocation of parental responsibilities or support of children, or in any citation or proceeding ancillary or subsequent to such action. In all such cases it is sufficient for such pleader to designate any such corespondent or third party in general language that is not sufficient for identification, and such general language shall operate with the same legal effect as complete naming and identification of the person would do; except that the adverse party may file a motion for a bill of particulars to secure such name, identity, or other facts. The granting of such motion, in whole or in part, rests in the sound discretion of the court; and, if ordered granted, the bill of particulars shall set forth the information specifically required by said order, but no further, and when filed the same shall be sealed, not to be opened without an order of the court. If the motion for a bill of particulars is granted, the party named in said bill of particulars shall be given five days' notice in writing prior to the filing of the same, said notice to be given either by personal service or by registered mail addressed to his last-known address.
L. 37: p. 406, § 7. CSA: C. 24A, § 7. CRS 53: § 41-3-6. C.R.S. 1963: § 41-3-6. L. 98: Entire section amended, p. 1392, § 26, effective 2/1/1999.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › REGULATION OF ACTIONS AND PROCEEDINGS (§§ 13-20-101 — 13-20-1301) › Article 20 - ACTIONS (§§ 13-20-101 — 13-20-1301) › Part 2 - ACTIONS ABOLISHED - MARITAL (§§ 13-20-201 — 13-20-208) › Section 13-20-207 - Corespondent not to be disclosed - cross-examination - effect

(1)
No attorney appearing in any of the proceedings mentioned in section
13-20-206
on behalf of a party thereto asserting misconduct by the adverse party shall ask of any witness any question intended or calculated to disclose the name or identity of any third person charged as corespondent or participant in any such misconduct, nor shall any party or witness testifying on behalf of a party asserting misconduct by the adverse party name or identify any third person charged as a corespondent or participant in any such misconduct; except that, if the court in the exercise of sound discretion so orders, counsel for any party charged with any act of misconduct with a third person may be permitted to cross-examine a witness who has testified to any such act of misconduct concerning the identity of any such third person and, within such limits as the court may prescribe, such witness may make answer to questions so asked.
(2)
In all testimony in such actions, proceedings, and citations, designation of such corespondent or other alleged participant in misconduct by general language not sufficient for identification operates with the same legal effect as complete identification. The discretion vested in the court by this section shall be exercised in such manner as to avoid injustice to litigants, while at the same time avoiding so far as possible the public revelation of the name or identity of such third person, and to this end the court, in all such cases, may impound pleadings or other documents in the case and hear such testimony in chambers. This section shall not be construed to change the grounds for dissolution of marriage or impair the substantive rights of parties in those cases, but to regulate pleading, practice, and testimony therein so as to eliminate criminal intimidation and public scandal. The provisions of this section apply as well to the taking of testimony by deposition as to proceedings before the court. The deposition of any corespondent or participant in misconduct shall be taken behind closed doors and, when filed in court, shall be sealed, not to be opened without the order of the court. Any willful violation of any provision of this section by any attorney, party, or witness constitutes a direct contempt of the court having jurisdiction of the proceedings in which the same occurs and may be punished by the court with a fine not exceeding five hundred dollars as the court deems proper.
L. 37: p. 407, § 8. CSA: C. 24A, § 8. CRS 53: § 41-3-7. C.R.S. 1963: § 41-3-7. L. 72: p. 558, § 13.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › REGULATION OF ACTIONS AND PROCEEDINGS (§§ 13-20-101 — 13-20-1301) › Article 20 - ACTIONS (§§ 13-20-101 — 13-20-1301) › Part 2 - ACTIONS ABOLISHED - MARITAL (§§ 13-20-201 — 13-20-208) › Section 13-20-208 - Penalty for violations

Any person who violates any provision of sections
13-20-204
to
13-20-206
commits a petty offense.
Amended by 2021 Ch. 462,§ 155, eff. 3/1/2022.
L. 37: p. 408, § 9. CSA: C. 24A, § 9. CRS 53: § 41-3-8. C.R.S. 1963: § 41-3-8.
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.
2021 Ch. 462, 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) › REGULATION OF ACTIONS AND PROCEEDINGS (§§ 13-20-101 — 13-20-1301) › Article 20 - ACTIONS (§§ 13-20-101 — 13-20-1301) › Part 3 - [Repealed] (§ 13-20-301) › Section 13-20-301 - to 13-20-305 - [Repealed]

L. 77: Entire part repealed, p. 799, § 1, effective May 27.
This part 3 was added in 1976 and was not amended prior to its repeal in 1977.
For the effect of the repeal of this part 3, see §13-20-102.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › REGULATION OF ACTIONS AND PROCEEDINGS (§§ 13-20-101 — 13-20-1301) › Article 20 - ACTIONS (§§ 13-20-101 — 13-20-1301) › Part 4 - WRITTEN INFORMED CONSENT TO ELECTROCONVULSIVE TREATMENTS (§§ 13-20-401 — 13-20-403) › Section 13-20-402 - Physician to provide information for written informed consent

At any time prior to performance of electroconvulsive treatment, a physician shall provide his patient with sufficient information relating to the proposed electroconvulsive treatment to enable said patient to give written informed consent to the proposed electroconvulsive treatment. The written informed consent shall be given by such patient on a standard written consent form to be prepared by the department of human services and shall be for a maximum number of treatments over a specified period of time.
L. 79: Entire part R&RE, p. 612, § 1, effective July 1. L. 94: Entire section amended, p. 2641, § 92, effective July 1.
This section is similar to former § 13-20-402 as it existed prior to 1979.
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) › REGULATION OF ACTIONS AND PROCEEDINGS (§§ 13-20-101 — 13-20-1301) › Article 20 - ACTIONS (§§ 13-20-101 — 13-20-1301) › Part 4 - WRITTEN INFORMED CONSENT TO ELECTROCONVULSIVE TREATMENTS (§§ 13-20-401 — 13-20-403) › Section 13-20-403 - Restrictions on electroconvulsive treatment - rights of minors

(1)
[Deleted by 2024 Amendment.]
(2)
Electroconvulsive treatment may be performed on a minor who is sixteen years of age or older but under eighteen years of age only if two individuals licensed to practice medicine in Colorado and specializing in psychiatry approve the treatment, and a parent or guardian of the minor consents to the treatment.
(3)
(as amended by Laws 2024 ch. 360 § 1)
Electroconvulsive treatment may be performed on a minor who is fifteen years of age or younger only if:
(a)
Two individuals licensed to practice medicine in Colorado and specializing in psychiatry approve the electroconvulsive treatment;
(b)
Other less-invasive treatments have failed;
(c)
Electroconvulsive treatment is medically necessary to treat life-threatening malignant catatonia;
(d)
Electroconvulsive treatment is performed by at least one physician, or the physician's designee, who is trained and credentialed in electroconvulsive treatment; and
(e)
a parent or guardian of the minor consents to electroconvulsive treatment.
(3)
(as amended by Laws 2024 ch. 360 § 1)
Electroconvulsive treatment may be performed on an individual who is eighteen years of age or older only in cases when two or more individuals licensed to practice medicine and specializing in psychiatry determine that electroconvulsive treatment is the most preferred form of treatment.
Amended by 2024 Ch. 360,§ 1, eff. 6/3/2024.
L. 79: Entire part R&RE, p. 612, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › REGULATION OF ACTIONS AND PROCEEDINGS (§§ 13-20-101 — 13-20-1301) › Article 20 - ACTIONS (§§ 13-20-101 — 13-20-1301) › Part 5 - ACTIONS AGAINST ARCHITECTS, ENGINEERS, AND LAND SURVEYORS (§ 13-20-501) › Section 13-20-501 - [Repealed]

L. 87: Entire part repealed, p. 550, § 2, effective July 1.
This part 5 was added in 1986 and was not amended prior to its repeal in 1987.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › REGULATION OF ACTIONS AND PROCEEDINGS (§§ 13-20-101 — 13-20-1301) › Article 20 - ACTIONS (§§ 13-20-101 — 13-20-1301) › Part 6 - ACTIONS AGAINST LICENSED PROFESSIONALS (§§ 13-20-601 — 13-20-602) › Section 13-20-601 - Legislative declaration

The general assembly hereby declares that, in enacting this part 6, the general assembly has determined that the certificate of review requirement should be utilized in civil actions for negligence brought against those professionals who are licensed by this state to practice a particular profession and regarding whom expert testimony would be necessary to establish a prima facie case.
L. 87: Entire part added, p. 549, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › REGULATION OF ACTIONS AND PROCEEDINGS (§§ 13-20-101 — 13-20-1301) › Article 20 - ACTIONS (§§ 13-20-101 — 13-20-1301) › Part 7 - ACTIONS BASED ON ENVIRONMENTAL LIABILITY (§§ 13-20-701 — 13-20-703) › Section 13-20-701 - Legislative declaration

Federal and state environmental laws provide that the owner of real property is liable for cleanup of property contamination and define who is the owner of such property. If a borrower defaults on a loan, a lender must decide whether to foreclose and potentially become the owner. For fear of becoming liable for conditions they did not create, lenders are showing a reluctance to foreclose, thus leaving no one responsible for the cleanup. So that lenders can predict with more certainty what their costs will be when they foreclose, it is the intent of the general assembly to limit third-party liability for lenders who comply with certain conditions to the cost of cleaning up contaminants or pollution pursuant to federal, state, and local laws. In addition such limitations may also make lenders more willing to lend to certain types of businesses.
L. 90: Entire part added, p. 865, § 2, effective July 1.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › REGULATION OF ACTIONS AND PROCEEDINGS (§§ 13-20-101 — 13-20-1301) › Article 20 - ACTIONS (§§ 13-20-101 — 13-20-1301) › Part 7 - ACTIONS BASED ON ENVIRONMENTAL LIABILITY (§§ 13-20-701 — 13-20-703) › Section 13-20-702 - Definitions

As used in this part 7, unless the context otherwise requires:
(1)
"Contaminate or pollute", "contaminating or polluting", or "contamination or pollution" means contamination or pollution of air, water, real or personal property, animals, or human beings from a location in the state of Colorado, including, without limitation, contamination or pollution from hazardous waste and substances.
(2)
"Lender-owner" means any person or entity which has a bona fide security interest in or mortgage or lien on, and which forecloses on or receives an assignment or deed in lieu of foreclosure and becomes the owner of, real or personal property and the foreclosure, deed in lieu, or assignment is not primarily for the purposes of avoiding third-party liability.
(3)
"Representative" means any person or entity acting in the capacity of a receiver, conservator, guardian ad litem, personal representative of a deceased person, or trustee or fiduciary of real or personal property; except that the terms trustee and fiduciary shall be limited to entities acting as trustee or fiduciary and which are chartered by the division of banking or division of financial services, the office of the United States comptroller of the currency, or the office of thrift supervision.
(4)
"Third parties" means persons or entities other than governmental entities seeking to enforce federal, state, or local environmental statutes, ordinances, regulations, permits, or orders.
(5)
"Third-party liability" means liability to third parties for any claims arising out of or resulting from contamination or pollution, including, without limitation, claims for personal injury, consequential damages, lost profits, exemplary damages, or property damages, but does not include liability for the cost of cleaning up contamination or pollution.
L. 90: Entire part added, p. 865, § 2, effective July 1.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › REGULATION OF ACTIONS AND PROCEEDINGS (§§ 13-20-101 — 13-20-1301) › Article 20 - ACTIONS (§§ 13-20-101 — 13-20-1301) › Part 7 - ACTIONS BASED ON ENVIRONMENTAL LIABILITY (§§ 13-20-701 — 13-20-703) › Section 13-20-703 - Environmental third-party liability - ownership

(1)
Except as preempted by federal law, no person or entity shall be deemed to be an owner or operator of real or personal property who, without participating in the management of the subject real or personal property, holds indicia of ownership primarily to protect a security or lienhold interest in the subject real or personal property or in the property in which the subject real or personal property is located.
(2)
No lender-owner or representative shall, by virtue of becoming the owner of real or personal property, be liable for any third-party liability arising from contamination or pollution emanating from said property prior to the date that title vests in the lender-owner or representative.
(3)
No lender-owner or representative shall, by virtue of becoming the owner of real or personal property, be liable for any third-party liability arising from contamination or pollution emanating from said property during the period of ownership so long as, and to the extent that, it does not knowingly or recklessly cause new contamination or pollution or does not knowingly or recklessly allow others to cause new contamination or pollution if lender-owner has caused an environmental professional to conduct a visual inspection of the property and a record search of the recorded chain of title documents regarding the real property for the prior fifty years to determine the presence and condition of hazardous waste or substances, obvious contamination, or pollution and, if found by the enforcing agency to be in noncompliance with federal or state laws, takes steps to assure compliance with applicable laws. This subsection (3) shall apply to the lender-owner as long as it makes reasonable efforts to resell the property.
(4)
This section shall not affect any liability expressly created under federal or state health or environmental statutes, regulations, permits, or orders.
L. 90: Entire part added, p. 865, § 2, effective July 1.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › REGULATION OF ACTIONS AND PROCEEDINGS (§§ 13-20-101 — 13-20-1301) › Article 20 - ACTIONS (§§ 13-20-101 — 13-20-1301) › Part 8 - CONSTRUCTION DEFECT ACTIONS FOR PROPERTY LOSS AND DAMAGE (§§ 13-20-801 — 13-20-808) › Section 13-20-801 - Short title

This part 8 shall be known and may be cited as the "Construction Defect Action Reform Act".
L. 2001: Entire part added, p. 388, § 1, effective August 8.