reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JURIES AND JURORS (§§ 13-70-101 — 13-74-110) › Article 74 - JUDICIAL DISTRICT GRAND JURIES (§§ 13-74-101 — 13-74-110) › Section 13-74-105 - Judicial supervision

Judicial supervision of the judicial district grand jury shall be maintained by the chief judge who issued the order impaneling such grand jury, and all indictments, reports, and other formal returns of any kind made by such grand jury shall be returned to that judge.
L. 83: Entire article added, p. 634, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JURIES AND JURORS (§§ 13-70-101 — 13-74-110) › Article 74 - JUDICIAL DISTRICT GRAND JURIES (§§ 13-74-101 — 13-74-110) › Section 13-74-106 - Presentation of evidence

The presentation of the evidence shall be made to the judicial district grand jury by the district attorney or his designee.
L. 83: Entire article added, p. 634, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JURIES AND JURORS (§§ 13-70-101 — 13-74-110) › Article 74 - JUDICIAL DISTRICT GRAND JURIES (§§ 13-74-101 — 13-74-110) › Section 13-74-107 - Return of indictment - designation of venue - consolidation of indictments - sealing of indictments

(1)
Any indictment by a judicial district grand jury shall be returned to the chief judge without any designation of venue. Thereupon, the judge shall, by order, designate the county of venue for the purpose of trial. The judge may, by order, direct the consolidation of an indictment returned by a county grand jury with an indictment returned by a judicial district grand jury and fix venue for trial.
(2)
The court, upon motion of the district attorney, shall order the indictment to be sealed and no person may disclose the existence of the indictment until the defendant is in custody or has been admitted to bail except when necessary for the issuance or execution of a warrant or summons.
L. 83: Entire article added, p. 634, § 1, effective July 1. L. 93: Entire section amended, p. 517, § 6, effective July 1.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JURIES AND JURORS (§§ 13-70-101 — 13-74-110) › Article 74 - JUDICIAL DISTRICT GRAND JURIES (§§ 13-74-101 — 13-74-110) › Section 13-74-108 - Costs and expenses

The costs and expenses incurred in impaneling a judicial district grand jury and in the performance of its functions and duties shall be paid by the state out of funds appropriated to the judicial department.
L. 83: Entire article added, p. 634, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JURIES AND JURORS (§§ 13-70-101 — 13-74-110) › Article 74 - JUDICIAL DISTRICT GRAND JURIES (§§ 13-74-101 — 13-74-110) › Section 13-74-109 - Applicability

The provisions of this article shall apply to all judicial districts.
L. 83: Entire article added, p. 634, § 1, effective July 1. L. 91: Entire section amended, p. 429, § 4, effective May 24.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › JURIES AND JURORS (§§ 13-70-101 — 13-74-110) › Article 74 - JUDICIAL DISTRICT GRAND JURIES (§§ 13-74-101 — 13-74-110) › Section 13-74-110 - Procedural matters

Procedural matters not specifically addressed by the provisions of this article shall be governed by the provisions of article
72
of this title and other applicable Colorado statutes and by the Colorado rules of criminal procedure relating to grand juries.
L. 89: Entire section added, p. 779, § 6, effective July 1.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › LIMITATION OF ACTIONS (§§ 13-80-101 — 13-82-107) › Article 80 - LIMITATIONS - PERSONAL ACTIONS (§§ 13-80-101 — 13-80-119) › Section 13-80-103 - General limitation of actions - one year

(1)
The following civil actions, regardless of the theory upon which suit is brought, or against whom suit is brought, shall be commenced within one year after the cause of action accrues, and not thereafter:
(a)
The following tort actions: Assault, battery, false imprisonment, false arrest, libel, and slander;
(b)
All actions for escape of prisoners;
(c)
All actions against sheriffs, coroners, police officers, firefighters, national guardsmen, or any other law enforcement authority;
(d)
All actions for any penalty or forfeiture of any penal statutes;
(e)
All actions under the "Motor Vehicle Repair Act of 1977", article
9
of title
42
, C.R.S.;
(f) and (g)
Repealed.
(h)
All actions against a person alleging liability for a penalty for commission of a class A or a class B traffic infraction, as defined in section
42-4-1701
; and
(i)
All actions against a person alleging liability for a penalty for commission of a civil infraction, as described in section
16-2.3-101
.
Amended by 2022 Ch. 68, §7, eff. 3/1/2022.
Amended by 2017 Ch. 264, §28, eff. 5/25/2017.
L. 86: Entire article R&RE, p. 696, § 1, effective July 1; (1)(f) added, p. 707, § 3, effective July 1. L. 87: (1)(f) amended and (1)(g) added, p. 538, § 11, effective July 1; (1)(f) amended and (1)(g) added, p. 567, § 3, effective July 1; (1)(h) added, p. 1495, § 2, effective July 1. L. 94: (1)(e) and (1)(h) amended, p. 2550, § 34, effective 1/1/1995. L. 2000: (1)(f) repealed, p. 3, § 5, effective 7/1/2001. L. 2017: (1)(g) repealed, (SB 17-294), ch. 264, p. 1391, § 28, effective May 25.
The provisions of this section are similar to provisions of several former sections as they existed prior to 1986.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › LIMITATION OF ACTIONS (§§ 13-80-101 — 13-82-107) › Article 80 - LIMITATIONS - PERSONAL ACTIONS (§§ 13-80-101 — 13-80-119) › Section 13-80-103.5 - General limitation of actions - six years

(1)
The following actions shall be commenced within six years after the cause of action accrues and not thereafter:
(a)
All actions to recover a liquidated debt or an unliquidated, determinable amount of money due to the person bringing the action, all actions for the enforcement of rights set forth in any instrument securing the payment of or evidencing any debt, and all actions of replevin to recover the possession of personal property encumbered under any instrument securing any debt; except that actions to recover pursuant to section
38-35-124.5(3)
, C.R.S., shall be commenced within one year;
(b)
All actions for arrears of rent;
(c)
All actions brought under section
13-21-109
, except actions brought under section
13-21-109(2)
;
(d)
All actions by the public employees' retirement association to collect unpaid contributions from employers for persons who are not members or inactive members at the time the association first notifies an employer of its claim for unpaid contributions. This paragraph (d) shall apply to causes of action as provided in section
24-51-402(2)
, C.R.S.
(e)
Repealed.
Amended by 2013 Ch. 276,§ 2, eff. 8/7/2013.
L. 86: Entire article R&RE, p. 697, § 1, effective July 1. L. 87: (1)(a) amended, p. 568, § 4, effective July 1. L. 89: (1)(c) added, p. 757, § 5, effective July 1. L. 95: (1)(d) added, p. 562, § 20, effective May 22. L. 2001: (1)(e) added, p. 326, § 2, effective July 1. L. 2002: (1)(a) amended, p. 1331, § 1, effective July 1. L. 2006: (1)(e) amended, p. 2001, § 48, effective July 1. L. 2013: (1)(e) repealed, (SB 13-205), ch. 276, p. 1440, § 2, effective August 7.
This section is similar to former § 13-80-110 as it existed prior to 1986.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › LIMITATION OF ACTIONS (§§ 13-80-101 — 13-82-107) › Article 80 - LIMITATIONS - PERSONAL ACTIONS (§§ 13-80-101 — 13-80-119) › Section 13-80-103.6 - [Effective Until 8/7/2024] General limitation of actions - domestic violence - six years - definition

(1)
Notwithstanding any other statute of limitations specified in this article 80, or any other provision of law that can be construed to reduce the statutory period set forth in this section, any civil action to recover damages caused by an act of domestic violence, as defined in section
14-10-124
(1.3)(a), must be commenced within six years after a disability has been removed for a person under disability, as such term is defined in subsection (2) of this section, or within six years after a cause of action accrues, whichever occurs later, and not thereafter; except that in no event may any such civil action be commenced more than twenty years after the cause of action accrues.
(2)
(a)
For the purpose of this section, "person under disability" means any person who:
(I)
Has a behavioral or mental health disorder; an intellectual and developmental disability, as defined in section
25.5-10-202 (26)
; or a brain injury, as defined in section
26-1-301
(1.5); and
(II)
Is psychologically or emotionally unable to acknowledge the act of domestic violence and the resulting harm that is the basis of the civil action.
(b)
For the purpose of this section, where the plaintiff is a victim of a series of domestic violence offenses, the plaintiff need not establish which act of a series of acts caused the plaintiff's injury, and the statute of limitations set forth in this section commences with the last in the series of acts, subject to the provisions of this section regarding disability.
(c)
A person under disability has the burden of proving that:
(I)
The act of domestic violence that is the basis of the civil action occurred; and
(II)
He or she was psychologically or emotionally unable to acknowledge the act of domestic violence and the resulting harm.
Amended by 2019 Ch. 178, §11, eff. 8/2/2019.
Added by 2018 Ch. 350, §1, eff. 8/8/2018.
L. 2018: Entire section added, (HB 18-1398), ch. 350, p. 2075, § 1, effective August 8.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › LIMITATION OF ACTIONS (§§ 13-80-101 — 13-82-107) › Article 80 - LIMITATIONS - PERSONAL ACTIONS (§§ 13-80-101 — 13-80-119) › Section 13-80-103.6 - [Effective 8/7/2024] General limitation of actions - domestic violence - six years - definition

(1)
Notwithstanding any other statute of limitations specified in this article 80, or any other provision of law that can be construed to reduce the statutory period set forth in this section, any civil action to recover damages caused by an act of domestic violence, as defined in section 14-10-124, must be commenced within six years after a disability has been removed for a person under disability, as such term is defined in subsection (2) of this section, or within six years after a cause of action accrues, whichever occurs later, and not thereafter; except that in no event may any such civil action be commenced more than twenty years after the cause of action accrues.
(2)
(a)
For the purpose of this section, "person under disability" means any person who:
(I)
Has a behavioral or mental health disorder; an intellectual and developmental disability, as defined in section
25.5-10-202 (26)
; or a brain injury, as defined in section
26-1-301
(1.5); and
(II)
Is psychologically or emotionally unable to acknowledge the act of domestic violence and the resulting harm that is the basis of the civil action.
(b)
For the purpose of this section, where the plaintiff is a victim of a series of domestic violence offenses, the plaintiff need not establish which act of a series of acts caused the plaintiff's injury, and the statute of limitations set forth in this section commences with the last in the series of acts, subject to the provisions of this section regarding disability.
(c)
A person under disability has the burden of proving that:
(I)
The act of domestic violence that is the basis of the civil action occurred; and
(II)
He or she was psychologically or emotionally unable to acknowledge the act of domestic violence and the resulting harm.
Amended by 2024 Ch. 344,§ 10, eff. 8/7/2024.
Amended by 2019 Ch. 178, §11, eff. 8/2/2019.
Added by 2018 Ch. 350, §1, eff. 8/8/2018.
L. 2018: Entire section added, (HB 18-1398), ch. 350, p. 2075, § 1, effective August 8.
2024 Ch. 344, 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.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › LIMITATION OF ACTIONS (§§ 13-80-101 — 13-82-107) › Article 80 - LIMITATIONS - PERSONAL ACTIONS (§§ 13-80-101 — 13-80-119) › Section 13-80-103.7 - General limitation of actions - sexual misconduct - third-party liability - definition

(1)
(a)
Notwithstanding any other statute of limitations specified in this article 80, or any other provision of law that can be construed to limit the time period to commence an action described in this section, any civil action based on sexual misconduct, including any derivative claim, may be commenced at any time without limitation.
(b)
This subsection (1) applies to causes of action accruing on or after January 1, 2022, and to causes of action accruing before January 1, 2022, if the applicable statute of limitations, as it existed prior to January 1, 2022, has not yet run on January 1, 2022.
(2)
As used in this section, unless the context otherwise requires, "sexual misconduct" means any conduct that forms the basis of a civil action that is engaged in for the purpose of the sexual arousal, gratification, or abuse of any person, and that constitutes any of the following:
(a)
A first degree misdemeanor or a felony offense described in part 3 or 4 of article
3
of title
18
or a felony offense described in article 6 or 7 of title 18;
(b)
Human trafficking for sexual servitude, as described in section
18-3-504
;
(c)
A federal sex offense as defined in the federal "Sex Offender Registration and Notification Act",
34 U.S.C. sec. 20911(5)(A)(iii)
;
(d)
Obscene visual representations of the sexual abuse of children, as described in
18 U.S.C. sec. 1466A
;
(e)
Transfer of obscene material to minors, as described in
18 U.S.C. sec. 1470
; or
(f)
Attempt or conspiracy to commit sex trafficking of children or by force, fraud, or coercion, as described in
18 U.S.C. sec. 1594
.
(3) to (5)
(Deleted by amendment, L. 2022.)
(6)
(a)
This section also applies to any cause of action arising from factual circumstances that include sexual misconduct that is brought against a person or entity that is not the perpetrator of the sexual misconduct.
(b)
This subsection (6) applies to causes of action accruing on or after January 1, 2022, and to causes of action accruing before January 1, 2022, if the applicable statute of limitations, as it existed prior to January 1, 2022, has not yet run on January 1, 2022.
Amended by 2021 Ch. 28, §1, eff. 1/1/2022.
Amended by 2017 Ch. 263, §110, eff. 5/25/2017.
Amended by 2017 Ch. 50, §4, eff. 3/16/2017.
L. 90: Entire section added, p. 885, § 1, effective April 16. L. 93: Entire section amended, p. 1908, § 1, effective July 1.
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) › LIMITATION OF ACTIONS (§§ 13-80-101 — 13-82-107) › Article 80 - LIMITATIONS - PERSONAL ACTIONS (§§ 13-80-101 — 13-80-119) › Section 13-80-103.8 - Limitation of civil forfeiture actions related to criminal acts

(1)
The following actions shall be commenced within five years after the cause of action accrues, and not thereafter:
(a)
All actions brought pursuant to section
12-145-113(2)
;
(b)
All actions brought pursuant to part 3 of article
13
of title
16
, C.R.S.;
(c)
All actions brought pursuant to part 5 of article
13
of title
16
, C.R.S.;
(d)
All civil actions brought pursuant to article
17
of title
18
, C.R.S.;
(e)
All civil actions brought pursuant to section
42-5-107
, C.R.S.
(2)
A cause of action shall be deemed to have accrued pursuant to subsection (1) of this section at such time as the alleged offense or conduct giving rise to the claim was discovered. If, when a cause of action accrues against a person pursuant to subsection (1) of this section, such person is out of this state and not subject to service of process or has concealed himself, or the property which is the subject of such a cause of action is concealed or absent from this state, the period limited for the commencement of the action by the statute of limitations pursuant to this section shall not begin to run until such person comes into this state or such property is no longer out of this state or concealed. If, after the cause of action accrues, such person departs from this state and is not subject to service of process or conceals himself, the time of his absence while not subject to service of process or the time of his concealment while not subject to service of process, or any period of time the property which is the subject of such cause of action is removed from this state, shall not be computed as a part of the period within which the action must be brought.
(3)
For purposes of computing time pursuant to this section, possession or control of the following forms of property by any person subject to a cause of action pursuant to subsection (1) of this section shall be deemed to be a continuing offense or continuing conduct:
(a)
All currency, negotiable instruments, securities, or other things of value furnished or intended to be furnished by any person in exchange for any alleged offense or conduct giving rise to a cause of action;
(b)
All proceeds of any alleged offense or conduct giving rise to a cause of action;
(c)
All currency, negotiable instruments, or securities intended to be used to facilitate any alleged offense or conduct giving rise to a cause of action;
(d)
All property derived from or realized through any alleged offense or conduct giving rise to a cause of action.
Amended by 2019 Ch. 136,§ 76, eff. 10/1/2019.
L. 90: Entire section added, p. 984, § 3, effective April 24.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › LIMITATION OF ACTIONS (§§ 13-80-101 — 13-82-107) › Article 80 - LIMITATIONS - PERSONAL ACTIONS (§§ 13-80-101 — 13-80-119) › Section 13-80-103.9 - Limitation of actions - failure to perform a background check by a public entity - injury to a child

(1)
As used in this section, unless the context otherwise requires:
(a)
"Child" means a person under eighteen years of age.
(b)
"Education employment required background check" means complying with sections
22-2-119
and
22-32-109.7
, C.R.S.
(c)
"Sexual offense against a child" shall include all offenses listed in section
18-3-411(1)
, C.R.S.
(2)
Notwithstanding any other statute of limitations specified in this article or any other provision of law, a civil action, as described in subsection (3) of this section, against a school district or charter school for failure to perform an education employment required background check may be brought at any time within two years after the age of majority of the plaintiff.
(3)
In bringing a civil action for failure to perform an education employment required background check pursuant to this section, a plaintiff shall make a prima facie showing of the following facts and circumstances:
(a)
The school district or charter school, in hiring an individual to work with children or in a setting with children, or the department of education did not perform an education employment required background check of the individual, and the failure to conduct the required background check was the result of the school district's or charter school's deliberate indifference or reckless disregard of its obligations to conduct the background check as provided by law; ordinary negligence or unintentional oversight is not sufficient.
(b)
The individual, at the time of hiring, had a criminal record that included one or more convictions for the offense of sexual assault as described in section
18-3-402
, C.R.S., for a sexual offense against a child, or for child abuse as described in section
18-6-401
, C.R.S., or the individual had been dismissed or had resigned from a school district under the circumstances described in section
22-32-109.7(1)(b)
, C.R.S.; and
(c)
The individual committed one of the following offenses against a child with whom the individual came in contact in the course of his or her employment with the school district or charter school:
(I)
Sexual assault as described in section
18-3-402
, C.R.S.;
(II)
Sexual offense against a child; or
(III)
Child abuse as described in section
18-6-401
, C.R.S.
(4)
An action may not be brought pursuant to subsection (3) of this section if the defendant is deceased or is incapacitated to the extent that the school district or charter school is incapable of rendering a defense to the action.
L. 2008: Entire section added, p. 2225, § 3, effective June 5.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › LIMITATION OF ACTIONS (§§ 13-80-101 — 13-82-107) › Article 80 - LIMITATIONS - PERSONAL ACTIONS (§§ 13-80-101 — 13-80-119) › Section 13-80-104 - Limitation of actions against architects, contractors, builders or builder vendors, engineers, inspectors, and others

(1)
(a)
Notwithstanding any statutory provision to the contrary, all actions against any architect, contractor, builder or builder vendor, engineer, or inspector performing or furnishing the design, planning, supervision, inspection, construction, or observation of construction of any improvement to real property shall be brought within the time provided in section
13-80-102
after the claim for relief arises, and not thereafter, but in no case shall such an action be brought more than six years after the substantial completion of the improvement to the real property, except as provided in subsection (2) of this section.
(b)
(I)
Except as otherwise provided in subparagraph (II) of this paragraph (b), a claim for relief arises under this section at the time the claimant or the claimant's predecessor in interest discovers or in the exercise of reasonable diligence should have discovered the physical manifestations of a defect in the improvement which ultimately causes the injury.
(II)
Notwithstanding the provisions of paragraph (a) of this subsection (1), all claims, including, but not limited to indemnity or contribution, by a claimant against a person who is or may be liable to the claimant for all or part of the claimant's liability to a third person:
(A)
Arise at the time the third person's claim against the claimant is settled or at the time final judgment is entered on the third person's claim against the claimant, whichever comes first; and
(B)
Shall be brought within ninety days after the claims arise, and not thereafter.
(c)
Such actions shall include any and all actions in tort, contract, indemnity, or contribution, or other actions for the recovery of damages for:
(I)
Any deficiency in the design, planning, supervision, inspection, construction, or observation of construction of any improvement to real property; or
(II)
Injury to real or personal property caused by any such deficiency; or
(III)
Injury to or wrongful death of a person caused by any such deficiency.
(2)
In case any such cause of action arises during the fifth or sixth year after substantial completion of the improvement to real property, said action shall be brought within two years after the date upon which said cause of action arises.
(3)
The limitations provided by this section shall not be asserted as a defense by any person in actual possession or control, as owner or tenant or in any other capacity, of such an improvement at the time any deficiency in such an improvement constitutes the proximate cause of the injury or damage for which it is proposed to bring an action.
L. 86: Entire article R&RE, p. 697, § 1, effective July 1. L. 2001: (1)(b) amended, p. 390, § 2, effective August 8.
This section is similar to former § 13-80-127 as it existed prior to 1986.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › LIMITATION OF ACTIONS (§§ 13-80-101 — 13-82-107) › Article 80 - LIMITATIONS - PERSONAL ACTIONS (§§ 13-80-101 — 13-80-119) › Section 13-80-105 - Limitation of actions against land surveyors

(1)
Notwithstanding any statutory provision to the contrary, all actions against any land surveyor brought to recover damages resulting from any alleged negligent or defective land survey shall be brought within the time provided in section
13-80-101
after the person bringing the action either discovered or in the exercise of reasonable diligence and concern should have discovered the negligence or defect which gave rise to such action, and not thereafter, but in no case shall such an action be brought more than ten years after the completion of the survey upon which such action is based.
(2)
For purposes of this section, "land survey" or "improvement survey" means any survey conducted by or under the direction and control of a land surveyor licensed pursuant to the provisions of part 3 of article
120
of title
12
and includes but is not limited to professional land surveying, as defined in section
12-120-302(5)
. Nothing in this section shall be construed as extending the period or periods provided by the laws of Colorado or by agreement of the parties for bringing any action, nor shall this section be construed as creating any claim for relief not existing or recognized on or before July 1, 1979.
(3)
(a)
The limitations set forth in subsections (1) and (2) of this section shall not apply to any survey unless the documentary evidence of such land survey contains, clearly depicted thereon, the following statement:
NOTICE
: According to Colorado law you
must
commence any legal action based upon any defect in this survey within three years after you first discover such defect. In no event may any action based upon any defect in this survey be commenced more than ten years from the date of the certification shown hereon.
(b)
If any survey is performed that does not require documentation, the limitations set forth in subsections (1) and (2) of this section shall nevertheless apply if, not more than ninety days after the completion of the survey, written notice of the provisions of this article is provided to all persons holding an interest in the property upon which such survey is conducted.
Amended by 2019 Ch. 136,§ 77, eff. 10/1/2019.
L. 86: Entire article R&RE, p. 698, § 1, effective July 1. L. 87: (2) amended, p. 1577, § 19, effective July 10. L. 2006: (3)(b) amended, p. 339, § 3, effective August 7. L. 2019: (2) amended, (HB 19-1172), ch. 1668, p. 1668, § 77, effective October 1.
This section is similar to former § 13-80-127.3 as it existed prior to 1986.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › LIMITATION OF ACTIONS (§§ 13-80-101 — 13-82-107) › Article 80 - LIMITATIONS - PERSONAL ACTIONS (§§ 13-80-101 — 13-80-119) › Section 13-80-106 - Limitation of actions against manufacturers or sellers of products

(1)
Notwithstanding any other statutory provisions to the contrary, all actions except those governed by section
4-2-725
, C.R.S., brought against a manufacturer or seller of a product, regardless of the substantive legal theory or theories upon which the action is brought, for or on account of personal injury, death, or property damage caused by or resulting from the manufacture, construction, design, formula, installation, preparation, assembly, testing, packaging, labeling, or sale of any product, or the failure to warn or protect against a danger or hazard in the use, misuse, or unintended use of any product, or the failure to provide proper instructions for the use of any product shall be brought within two years after the claim for relief arises and not thereafter.
(2)
If any person entitled to bring any action mentioned in this section is under the age of eighteen years, mentally incompetent, imprisoned, or absent from the United States at the time the cause of action accrues and is without spouse or natural or legal guardian, such person may bring said action within the time limit specified in this section after the disability is removed. If such person has a legal representative, such person's representative shall bring the action within the period of limitation imposed by this section.
L. 86: Entire article R&RE, p. 698, § 1, effective July 1.
This section is similar to former § 13-80-127.5 as it existed prior to 1986.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › LIMITATION OF ACTIONS (§§ 13-80-101 — 13-82-107) › Article 80 - LIMITATIONS - PERSONAL ACTIONS (§§ 13-80-101 — 13-80-119) › Section 13-80-107 - Limitation of actions against manufacturers, sellers, or lessors of new manufacturing equipment

(1)
(a)
Notwithstanding any statutory provision to the contrary, all actions for or on account of personal injury, death, or property damage brought against a person or entity on account of the design, assembly, fabrication, production, or construction of new manufacturing equipment, or any component part thereof, or involving the sale or lease of such equipment shall be brought within the time provided in section
13-80-102
and not thereafter.
(b)
Except as provided in paragraph (c) of this subsection (1), no such action shall be brought on a claim arising more than seven years after such equipment was first used for its intended purpose by someone not engaged in the business of manufacturing, selling, or leasing such equipment, except when the claim arises from injury due to hidden defects or prolonged exposure to hazardous material.
(c)
The time limitation specified in paragraph (b) of this subsection (1) shall not apply if the manufacturer, seller, or lessor intentionally misrepresented or fraudulently concealed any material fact concerning said equipment which is a proximate cause of the injury, death, or property damage.
(2)
As used in this section, "manufacturing equipment" means equipment used in the operation or process of producing a new product, article, substance, or commodity for the purposes of commercial sale and different from and having a distinctive name, character, or use from the raw or prepared materials used in the operation or process.
(3)
The provisions of subsection (1) of this section shall not apply to a claim against a manufacturer, seller, or lessor, who, in an express written warranty, warranted manufacturing equipment to be free of defects in design, manufacture, or materials for a period of time greater than that set forth in paragraph (b) of subsection (1) of this section, if the injury complained of occurred and the claim for relief arose during the period of the express written warranty.
(4)
The provisions of subsection (1) of this section shall not be applicable to indemnity actions brought by a manufacturer, seller, or lessor of manufacturing equipment or any other product against any other person who is or may be liable to said manufacturer, seller, or lessor for all or a portion of any judgment rendered against said manufacturer, seller, or lessor.
L. 86: Entire article R&RE, p. 699, § 1, effective July 1. L. 87: (1)(a) amended, p. 568, § 5, effective July 1; (1)(a) amended, p. 594, § 19, effective July 10.
This section is similar to former § 13-80-127.6 as it existed prior to 1986.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › LIMITATION OF ACTIONS (§§ 13-80-101 — 13-82-107) › Article 80 - LIMITATIONS - PERSONAL ACTIONS (§§ 13-80-101 — 13-80-119) › Section 13-80-109 - Limitations apply to noncompulsory counterclaims and setoffs

Except for causes of action arising out of the transaction or occurrence which is the subject matter of the opposing party's claim, the limitation provisions of this article shall apply to the case of any debt, contract, obligation, injury, or liability alleged by a defending party as a counterclaim or setoff. A counterclaim or setoff arising out of the transaction or occurrence which is the subject matter of the opposing party's claim shall be commenced within one year after service of the complaint by the opposing party and not thereafter.
L. 86: Entire article R&RE, p. 700, § 1, effective July 1.
This section is similar to former § 13-80-112 as it existed prior to 1986.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › LIMITATION OF ACTIONS (§§ 13-80-101 — 13-82-107) › Article 80 - LIMITATIONS - PERSONAL ACTIONS (§§ 13-80-101 — 13-80-119) › Section 13-80-110 - Causes barred in state of origin

If a cause of action arises in another state or territory or in a foreign country and, by the laws thereof, an action thereon cannot be maintained in that state, territory, or foreign country by reason of lapse of time, the cause of action shall not be maintained in this state.
L. 86: Entire article R&RE, p. 700, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › LIMITATION OF ACTIONS (§§ 13-80-101 — 13-82-107) › Article 80 - LIMITATIONS - PERSONAL ACTIONS (§§ 13-80-101 — 13-80-119) › Section 13-80-111 - Commencement of new action upon involuntary dismissal

(1)
If an action is commenced within the period allowed by this article and is terminated because of lack of jurisdiction or improper venue, the plaintiff or, if he dies and the cause of action survives, the personal representative may commence a new action upon the same cause of action within ninety days after the termination of the original action or within the period otherwise allowed by this article, whichever is later, and the defendant may interpose any defense, counterclaim, or setoff which might have been interposed in the original action.
(2)
This section shall be applicable to all actions which are first commenced in a federal court as well as those first commenced in the courts of Colorado or of any other state.
L. 86: Entire article R&RE, p. 700, § 1, effective July 1.
This section is similar to former § 13-80-128 as it existed prior to 1986.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › LIMITATION OF ACTIONS (§§ 13-80-101 — 13-82-107) › Article 80 - LIMITATIONS - PERSONAL ACTIONS (§§ 13-80-101 — 13-80-119) › Section 13-80-112 - When action survives death

If any person entitled to bring any action dies before the expiration of the time limited therefor and if the cause of action does by law survive, the action may be commenced by the personal representative of the deceased person at any time within one year after the date of death and not afterwards if barred by provision of this article.
L. 86: Entire article R&RE, p. 701, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › LIMITATION OF ACTIONS (§§ 13-80-101 — 13-82-107) › Article 80 - LIMITATIONS - PERSONAL ACTIONS (§§ 13-80-101 — 13-80-119) › Section 13-80-113 - New promise - effect of payment

No acknowledgment or promise shall be evidence of a new or continuing contract sufficient to take a case out of the operation of the statute of limitations, unless it is in writing signed by the party to be charged; but this section shall not alter the effect of a payment of principal or interest.
L. 86: Entire article R&RE, p. 701, § 1, effective July 1.
This section is similar to former § 13-80-125 as it existed prior to 1986.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › LIMITATION OF ACTIONS (§§ 13-80-101 — 13-82-107) › Article 80 - LIMITATIONS - PERSONAL ACTIONS (§§ 13-80-101 — 13-80-119) › Section 13-80-114 - Promise by one of parties in joint interest

No joint debtor, obligor, or his personal representative or successor shall lose the benefit of the provisions of this article so as to be chargeable by reason only of any acknowledgment, promise, or payment made by any other of them.
L. 86: Entire article R&RE, p. 701, § 1, effective July 1.
This section is similar to former §§ 13-80-120 and 13-80-124 as they existed prior to 1986.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › LIMITATION OF ACTIONS (§§ 13-80-101 — 13-82-107) › Article 80 - LIMITATIONS - PERSONAL ACTIONS (§§ 13-80-101 — 13-80-119) › Section 13-80-115 - Endorsement by payee - effect

Nothing in this article shall alter, take away, or lessen the effect of a payment of any principal or interest made by any person; but no endorsement or memorandum of any such payment, written or made upon any promissory note, bill of exchange, or other writing, by or on behalf of the party to whom such payment is made, or purports to be made, shall be deemed sufficient proof of the payment so as to take the case out of operation of the provisions of this article.
L. 86: Entire article R&RE, p. 701, § 1, effective July 1.
This section is similar to former § 13-80-123 as it existed prior to 1986.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › LIMITATION OF ACTIONS (§§ 13-80-101 — 13-82-107) › Article 80 - LIMITATIONS - PERSONAL ACTIONS (§§ 13-80-101 — 13-80-119) › Section 13-80-116 - Action against joint debtors or obligors

If, in an action against joint debtors or obligors, the plaintiff is barred by the provisions of this article as to one or more of the debtors or obligors, but is entitled to recover against any other of them by virtue of a new acknowledgment, promise, or payment, the plaintiff shall be entitled to proceed as against that defendant.
L. 86: Entire article R&RE, p. 701, § 1, effective July 1.
This section is similar to former § 13-80-121 as it existed prior to 1986.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › LIMITATION OF ACTIONS (§§ 13-80-101 — 13-82-107) › Article 80 - LIMITATIONS - PERSONAL ACTIONS (§§ 13-80-101 — 13-80-119) › Section 13-80-117 - No dismissal for nonjoinder

In an action on contract, it shall not be a defense that the plaintiff failed to join a person against whom claim is barred by this article.
L. 86: Entire article R&RE, p. 701, § 1, effective July 1.
This section is similar to former § 13-80-122 as it existed prior to 1986.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › LIMITATION OF ACTIONS (§§ 13-80-101 — 13-82-107) › Article 80 - LIMITATIONS - PERSONAL ACTIONS (§§ 13-80-101 — 13-80-119) › Section 13-80-118 - Absence or concealment of a party subject to suit

If, when a cause of action accrues against a person, the person is out of this state and not subject to service of process or has concealed himself, the period limited for the commencement of the action by any statute of limitations shall not begin to run until he comes into this state or while he is so concealed. If, after the cause of action accrues, he departs from this state and is not subject to service of process or conceals himself, the time of his absence while not subject to service of process or the time of his concealment while not subject to service of process shall not be computed as a part of the period within which the action must be brought.
L. 86: Entire article R&RE, p. 701, § 1, effective July 1.
This section is similar to former § 13-80-126 as it existed prior to 1986.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › LIMITATION OF ACTIONS (§§ 13-80-101 — 13-82-107) › Article 81 - LIMITATIONS - PERSONS UNDER DISABILITY (§§ 13-81-101 — 13-81-107) › Section 13-81-101 - Definitions

As used in this article, unless the context otherwise requires:
(1)
"Applicable statute of limitations" means any statute of limitations which would apply in a similar case to a person not a person under disability.
(2)
"Legal representative" means a guardian, conservator, personal representative, executor, or administrator duly appointed by a court having jurisdiction of any person under disability or his estate.
(3)
"Person under disability" means any person who is a minor under eighteen years of age, a mental incompetent, or a person under other legal disability and who does not have a legal guardian.
(4)
"Take action" means the bringing, commencement, maintenance, or prosecution of any action, suit, or proceeding to enforce any right, or the assertion of any such right in any other manner, affirmatively or by way of defense. "Take action" shall also include exercising the right to elect to receive a lump-sum payment on behalf of the plaintiff in a civil action for purposes of section
13-64-205(1)(f)
when the legal representative determines that the election is in the best interest of the plaintiff.
L. 39: p. 449, § 1. CSA: C. 102, § 28. CRS 53: § 87-3-1. C.R.S. 1963: § 87-2-1. L. 76: (3) amended, p. 528, § 3, effective May 27. L. 77: (3) amended, p. 818, § 3, effective July 1. L. 86: (2) and (3) amended, p. 701, § 3, effective July 1. L. 2007: (4) amended, p. 172, § 3, effective August 3.
(1) For use of the term "mentally or mental incompetent", see § 27-10.5-135. (2) For the legislative declaration contained in the 2007 act amending subsection (4), see section 1 of chapter 49, Session Laws of Colorado 2007.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › LIMITATION OF ACTIONS (§§ 13-80-101 — 13-82-107) › Article 81 - LIMITATIONS - PERSONS UNDER DISABILITY (§§ 13-81-101 — 13-81-107) › Section 13-81-101.5 - Appointment of legal representative

Any real party in interest, including the party against whom an action may be brought, may apply to the court for the appointment of a legal representative.
L. 86: Entire section added, p. 702, § 4, effective July 1.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › LIMITATION OF ACTIONS (§§ 13-80-101 — 13-82-107) › Article 81 - LIMITATIONS - PERSONS UNDER DISABILITY (§§ 13-81-101 — 13-81-107) › Section 13-81-102 - Right of legal representative

(1)
When there is a legal representative appointed for a person under disability, all rights to take action, except rights of the person under disability against the legal representative himself or herself, vest in said legal representative for the benefit of the person under disability, and the legal representative has authority to take action thereon in his or her own name.
(2)
A legal representative may:
(a)
Elect, on behalf of a plaintiff in a civil action, a form of funding of a judgment for periodic payments, as described in section
13-64-207
;
(b)
Elect to receive the immediate payment to the plaintiff of the present value of the future damage award in a lump-sum amount, in lieu of periodic payments;
(c)
Petition a court of competent jurisdiction to establish a disability trust pursuant to section
15-14-412.8
, C.R.S., funded by the proceeds of a settlement or judgment received by, or on behalf of, a person under disability who is under sixty-five years of age and who is disabled, as defined in Title XIX of the federal "Social Security Act",
42 U.S.C. sec. 1382c(a)(3)
; or
(d)
Petition a court of competent jurisdiction to establish a pooled trust account pursuant to section
15-14-412.9
, C.R.S., funded by the proceeds of a settlement or judgment received by, or on behalf of, a person under disability who is disabled, as defined in Title XIX of the federal "Social Security Act",
42 U.S.C. sec. 1382c(a)(3)
.
L. 39: p. 449, § 2. CSA: C. 102, § 29. CRS 53: § 87-3-2. C.R.S. 1963: § 87-2-2. L. 2007: Entire section amended, p. 172, § 4, effective August 3.
For the legislative declaration contained in the 2007 act amending this section, see section 1 of chapter 49, Session Laws of Colorado 2007.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › LIMITATION OF ACTIONS (§§ 13-80-101 — 13-82-107) › Article 81 - LIMITATIONS - PERSONS UNDER DISABILITY (§§ 13-81-101 — 13-81-107) › Section 13-81-103 - Statute begins to run - when

(1)
When in any of the statutes of the state of Colorado a limitation is fixed upon the time within which a right of action, right of redemption, or any other right may be asserted either affirmatively or by way of defense or an action, suit, or proceeding based thereon may be brought, commenced, maintained, or prosecuted and the true owner of said right is a person under disability at the time such right accrues, then:
(a)
If such person under disability is represented by a legal representative at the time the right accrues, or if a legal representative is appointed for such person under disability at any time after the right accrues and prior to the termination of such disability, the applicable statute of limitations shall run against such person under disability in the same manner, for the same period, and with the same effect as it runs against persons not under disability. Such legal representative, or his successor in trust, in any event shall be allowed not less than two years after his appointment within which to take action on behalf of such person under disability, even though the two-year period expires after the expiration of the period fixed by the applicable statute of limitations.
(b)
If the person under disability dies before the termination of his disability and before the expiration of the period of limitation in paragraph (a) of this subsection (1) and the right is one which survives to the executor or administrator of a decedent, such executor or administrator shall take action within one year after the death of such person under disability;
(c)
If the disability of any person is terminated before the expiration of the period of limitation in paragraph (a) of this subsection (1) and no legal representative has been appointed for him, such person shall be allowed to take action within the period fixed by the applicable statute of limitations or within two years after the removal of the disability, whichever period expires later.
(2)
After the expiration of the period fixed in paragraph (a), (b), or (c) of subsection (1) of this section, neither the person under disability, nor his legal representative, nor anyone for him shall be permitted or allowed to take action based on any such right.
L. 39: p. 449, § 3. CSA: C. 102, § 30. CRS 53: § 87-3-3. C.R.S. 1963: § 87-2-3.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › LIMITATION OF ACTIONS (§§ 13-80-101 — 13-82-107) › Article 81 - LIMITATIONS - PERSONS UNDER DISABILITY (§§ 13-81-101 — 13-81-107) › Section 13-81-104 - Right of trustee

If by virtue of any agreement, trust indenture, will, or other instrument in writing a trustee or other representative is or has been designated and appointed for any such person under disability and by the terms of such agreement, trust indenture, will, or other instrument in writing said trustee or other representative is vested with the right and power to take action, then the right to take action for any right which a person under disability may have arising in any way from said trust or agency shall vest in the trustee or other representative, and the applicable statute of limitations shall run against such person under disability and against such trustee or other representative as to all rights to take such action in the same manner, for the same period, and with the same effect as it runs against persons not under disability. After the expiration of the period fixed by such applicable statute of limitations, neither the person under disability, nor his trustee or other representative, nor anyone for him shall be permitted or allowed to take action based on any such right.
L. 39: p. 450, § 4. CSA: C. 102, § 31. CRS 53: § 87-3-4. C.R.S. 1963: § 87-2-4.