Courts - Digest of Bills

Digest of Bills - 2004

COURTS

S.B. 04-98 Structured settlement agreements - transfers. For the transfer of rights under a structured settlement agreement:

● Specifies required disclosures to the payee;

● Requires approval of the transfer by a court or responsible administrative authority;

● Specifies effects of the transfer on interested parties; and

● Establishes a procedure for approval of the transfer.

Excludes from the provisions of the act structured settlements under the "Health Care Availability Act" and the "Workers' Compensation Act of Colorado".

APPROVED by Governor April 20, 2004
EFFECTIVE July 1, 2004

S.B. 04-115 Breach of contract - recovery of noneconomic damages - when allowed. Permits the recovery for noneconomic damages in a breach of contract claim only if the recovery is specifically authorized by the contract that is the subject of the claim or if a plaintiff bringing a first-party breach of insurance contract claim demonstrates that the insurer committed willful and wanton breach of contract. Permits the parties in a case to waive the recovery of noneconomic damages on any breach of contract claim except for a first-party breach of insurance contract claim.

Applies the statutory limitations on noneconomic damages to the aggregate sum of any noneconomic damages awarded for breach of contract including bad faith breach of contract. Clarifies that, except for the application of those statutory limitations, the recovery of noneconomic damages on a tort claim for bad faith breach of contract remains unaffected.

APPROVED by Governor May 17, 2004
EFFECTIVE July 1, 2004

S.B. 04-122 Family court magistrates - repeal. Repeals provisions regarding the appointment, authority, and duties of family law magistrates.

APPROVED by Governor April 1, 2004
EFFECTIVE July 1, 2004

S.B. 04-166 Tort actions against health care professionals - noneconomic loss or injury - total amount recoverable for all damages - when award may exceed total amount recoverable. Specifies that derivative noneconomic loss or injury in a tort action against a health care professional does not include punitive or exemplary damages. Reclassifies "noneconomic loss or injury" as "direct noneconomic loss or injury". Clarifies that "direct or derivative noneconomic loss or injury", rather than "noneconomic loss or injury", may constitute a certain portion of the maximum amount recoverable for all damages in a medical negligence case. Permits the court under certain circumstances to award, in excess of the maximum amount recoverable, the present value of additional past and future economic damages.

APPROVED by Governor April 20, 2004
EFFECTIVE January 1, 2005

S.B. 04-180 Dismissal - forum non conveniens. Provides that a motion to dismiss under forum non conveniens shall be granted if all specified factors exist. If the claimant is not a resident of Colorado, authorizes a court to grant such a motion in the interests of judicial economy or convenience of the parties if at least one of the other specified factors exist. Authorizes the court to consider evidence outside of the pleadings, but prohibits discovery on the motion. If the statute of limitations in the alternative forum has expired during the pendency of the case in Colorado, authorizes the Colorado court to grant a dismissal only if all defendants waive any defense based on the expiration of the statute of limitations.

APPROVED by Governor April 8, 2004
EFFECTIVE August 4, 2004
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

H.B. 04-1038 Civil immunity - crisis hotline volunteers. Exempts from civil liability a volunteer at a nonprofit organization answering questions of or providing counseling to members of the public in crisis situations at a telephone hotline.

APPROVED by Governor March 17, 2004
EFFECTIVE August 4, 2004
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

H.B. 04-1046 Forcible entry and detainer actions - time periods applicable to appearance date and service of summons - "business days". Clarifies that the period of time applicable to the appearance date in a forcible entry and detainer action shall be based on both "business days" and "calendar days" instead of "days". Clarifies that the period of time applicable to the service of the summons and complaint in a forcible entry and detainer action shall be based on "business days" instead of "days". Defines "business days".

APPROVED by Governor April 22, 2004
EFFECTIVE July 1, 2004

H.B. 04-1052 Name change - filing notice of publication prior to order - name change of child. Prior to the court ordering a name change, requires the petitioner to file proof of public notice with the court, unless the court issues an order waiving the public notice requirement. Requires the court to order a name change after the public notice requirement is satisfied or upon a court order stating that publication is not necessary. Requires a name change petition filed by a person under age 19 to include the caption of any proceeding in which a Colorado court has ordered child support, allocation of parental responsibilities, or parenting time for that person. Prohibits a court that does not have jurisdiction over a support, allocation of parental responsibilities, or parenting time action concerning a person under age 19 from ordering a name change of that person.

APPROVED by Governor March 17, 2004
EFFECTIVE September 1, 2004
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

H.B. 04-1080 Uniform Arbitration Act. Repeals the "Uniform Arbitration Act of 1975", and reenacts, with amendments. Prohibits a party to an arbitration agreement from waiving certain provisions or agreeing to an unreasonable restriction of certain rights. Specifies the procedures governing application for judicial relief. Establishes the validity of an agreement to arbitrate. Requires the court to decide whether an agreement to arbitrate exists or a controversy is subject to an agreement to arbitrate. Requires an arbitrator to decide whether a condition precedent to arbitrability has been met. Requires the court to order the parties to arbitrate under certain circumstances. Empowers the court to enter provisional remedies in order to protect the effectiveness of the arbitration proceeding.

Specifies the requirements for the initiation of arbitration. Permits the consolidation of separate arbitration proceedings under certain circumstances. Permits an arbitrator to be appointed pursuant to a method agreed to by the parties to the agreement. Specifies that the court shall appoint the arbitrator if the parties' method for appointment fails. Requires a prospective arbitrator to disclose facts that are likely to affect his or her impartiality in the arbitration. Imposes a continuing disclosure obligation on an appointed arbitrator. Grants judicial immunity to an arbitrator. Exempts an arbitrator under most circumstances from testifying and producing records on matters that occurred during the arbitration proceeding.

Permits an arbitrator to conduct an arbitration in a manner that the arbitrator considers appropriate for a fair and expeditious disposition of the proceeding. Permits an arbitrator to decide a request for summary disposition under certain circumstances. Specifies the procedures for setting and conducting the arbitration hearing. Empowers arbitrators to issue subpoenas, order discovery, issue protective orders, and perform other acts concerning the management of the arbitration process.

Permits a party to the arbitration proceeding to request the arbitrator to incorporate a favorable pre-award ruling into an award. Requires an arbitrator to make an award. Specifies the procedures by which an arbitrator may change an award. Permits an arbitrator to award reasonable attorney fees and arbitration expenses under certain circumstances.

Specifies the procedures by and grounds on which the court confirms, vacates, modifies, or corrects the award. Requires the court to enter judgment on the award. Permits the court to award reasonable attorney fees and expenses. Permits appeals to be taken from certain orders.

APPROVED by Governor June 4, 2004
EFFECTIVE August 4, 2004
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

H.B. 04-1084 Forcible entry and detainer action - writ of restitution - service. Permits a writ of restitution issued upon a judgment entered in a forcible entry and detainer action to be executed by certain personnel in the county sheriff's office.

APPROVED by Governor April 21, 2004
EFFECTIVE August 4, 2004
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

H.B. 04-1150 Commonsense Consumption Act - obesity-based claims prohibited - exceptions - pleading requirements - stay of proceedings pending motion to dismiss - stay of discovery - duty to preserve relevant evidence. Creates the "Commonsense Consumption Act". Prohibits an action against a food provider for obesity, weight gain, health condition, or injury from long-term food consumption except under certain circumstances. Establishes pleading requirements in those actions that are permitted. Imposes a stay on all proceedings in the action pending the resolution of a dismissal motion. Requires the parties in the case during a stay of discovery to preserve all documents, data, and tangible objects that are relevant to the allegations in the complaint.

APPROVED by Governor May 17, 2004
EFFECTIVE May 17, 2004

H.B. 04-1159 Juror service - disability - previous service - juror summons - failure to obey - juror questionnaire - postponement of service - excuse from service. Modifies the exceptions to the requirement that a person with a disability shall perform jury service. Eliminates the time period required for previous jury service for the purpose of disqualification. Modifies the contents of a juror summons. Clarifies the crime of failure to obey a juror summons. Requires a court under certain circumstances to disqualify and excuse a prospective juror based on the person's answers to a juror questionnaire. Requires a court under certain circumstances to postpone a person's jury service if the person's co-employee is already serving as a juror. Specifies the circumstances under which a court is permitted or required to excuse a prospective juror.

APPROVED by Governor April 6, 2004
EFFECTIVE August 4, 2004
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

H.B. 04-1195 Criminal history record checks - modification of protection order - name change. Clarifies that a restrained party filing a motion to modify a protection order or a person filing a petition to change the person's name is responsible for providing fingerprints to the Colorado bureau of investigation ("CBI") and the federal bureau of investigation ("FBI") and for paying for criminal history record checks by the CBI and the FBI. Requires the criminal history record checks to be conducted within 90 days prior to filing the motion or petition.

APPROVED by Governor March 8, 2004
EFFECTIVE September 1, 2004
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

H.B. 04-1305 Civil protection orders - consolidation - minor changes. Relocates provisions concerning civil protection orders from titles 14, 16, and 19 into title 13. Authorizes district courts and juvenile courts to issue emergency protection orders to prevent an unlawful sexual offense or domestic abuse against a minor child. Clarifies that, if there are conflicting protection orders, the court shall consider issues of public safety first. Specifies that if a protection order is modified, the modification is only effective if it is served upon the respondent or the respondent has actual notice of the changed provisions. For dissolution of marriage cases, separates protection orders from temporary orders. Repeals sections relocated to title 13.

APPROVED by Governor April 21, 2004
EFFECTIVE July 1, 2004