Appropriates $415,582 and 6.1 FTE to the state judicial department for the city and county of Broomfield.
APPROVED by Governor March 11, 2001
EFFECTIVE July 1, 2001
S.B. 01-140 Small claims court - expanded jurisdiction - timely objection to magistrate - persons authorized to commence action - persons authorized to represent plaintiff - procedure for cases subject to Soldiers' and Sailors' Act - procedures for attorney appearances - removal of counterclaims exceeding monetary jurisdiction - record required in all proceedings - venue - docket fees - county court - increase in monetary jurisdiction. Increases the monetary jurisdiction of the small claims court from $5,000 to $7,500. Empowers the small claims court to hear injunctive claims for replevin, specific performance, and the disaffirmance, avoidance, or rescission of a contract. Requires any objection to a magistrate conducting a small claims case to be timely.
Expands the category of persons who may commence an action in small claims court on behalf of the real party in interest. Clarifies that no attorney may appear or participate in the filing, prosecution, or defense of a small claims case, except under certain circumstances, including but not limited to those circumstances permitted by supreme court rule. Permits a property manager in security deposit or rental property damage cases to represent the owner of the property that is the subject of the case.
Permits the small claims court, in cases subject to the federal "Soldiers' and Sailors' Civil Relief Act of 1940", to enter a default, without entering a judgment, against a defendant who is in the military and to appoint an attorney to represent such defendant prior to entering judgment. Specifies the procedures to be followed if an attorney appears in a small claims case.
Requires counterclaims that exceed the jurisdiction of the small claims court to be removed to the county or district court of appropriate jurisdiction pursuant to court rule. Requires a record to be made in all small claims court proceedings. Expands the choices of venue for certain small claims court actions. Modifies the docket fees for small claims court actions.
Increases the monetary jurisdiction of county courts from $10,000 to $15,000.
Makes the changes to small claims court jurisdiction and procedures and the changes to county court jurisdiction applicable to causes of action filed on or after September 1, 2001.
APPROVED by Governor June 8, 2001
EFFECTIVE September 1, 2001
H.B. 01-1075 District courts - judges - appropriation. Effective July 1, 2001, increases the number of district court judges in the first, fourth, eighth, seventeenth, eighteenth, and twentieth judicial districts. Subject to available appropriations, effective July 1, 2002, increases the number of district court judges in the fourth, fifth, sixth, seventeenth, eighteenth, and nineteenth judicial districts. Subject to available appropriations, effective July 1, 2003, increases the number of district court judges in the fourth, seventh, seventeenth, eighteenth, nineteenth, and twentieth judicial districts. Subject to available appropriations, effective July 1, 2004, increases the number of district court judges in the first, fourth, fifth, eighteenth, and twentieth judicial districts.
Appropriates to the state judicial department $2,235,252 for the implementation of this act.
APPROVED by Governor March 23, 2001
EFFECTIVE July 1, 2001
H.B. 01-1167 Wrongful death actions - exemplary damages. Permits the trier of fact in a wrongful death action to award exemplary damages in certain circumstances. Specifies that the amount of the exemplary damages is not to exceed the amount of actual damages awarded. Permits an exemplary damages claim to be asserted only by amended pleading. Prevents an exemplary damages claim from being time barred so long as it arises from a wrongful death claim that is not time barred. Permits a court to reduce, disallow, or increase an exemplary damages award in certain circumstances. Clarifies that exemplary damages are not available in certain wrongful death actions involving peace officers or firefighters. Clarifies that the provisions authorizing exemplary damages in wrongful death actions do not affect the provisions of other statutes concerning exemplary damages in medical malpractice actions or in actions brought under the Colorado Governmental Immunity Act.
APPROVED by Governor April 16, 2001
EFFECTIVE August 8, 2001
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see the note from page vi of this digest.
H.B. 01-1226 Inmate lawsuits - exhaustion of remedies - successive lawsuits - filing fees. Clarifies that an inmate's lawsuit based upon prison conditions shall be dismissed unless the lawsuit alleges the exhaustion of available administrative remedies. Prevents inmates who repeatedly file certain defective lawsuits based upon prison conditions from being granted poor person status concerning the filing of successive prison conditions lawsuits. Requires the court clerk to provide the attorney general with copies of orders dismissing certain inmate prison conditions lawsuits. Requires the attorney general to monitor such orders and to notify judicial authorities when an inmate has 3 or more dismissals. Requires each judicial district to keep a registry of such inmates. Clarifies the circumstances under which an inmate's motion to proceed as a poor person shall be denied. Clarifies that an inmate who proceeds as a poor person must make installment payments and fully reimburse the court for filing and service of process fees. Requires the court in such case to forward its installment payment order to the detaining facility so that the facility can forward moneys from the inmate's account to reimburse the court.
APPROVED by Governor March 30, 2001
EFFECTIVE July 1, 2001
H.B. 01-1241 Continuing garnishment - period extended for continuing levy. Extends from 90 days to 180 days the period for which garnishments are permitted to be a continuing levy.
APPROVED by Governor March 9, 2001
EFFECTIVE August 8, 2001
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see the note from page vi of this digest.
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