National Center for State Courts

 

Improving Justice through Leadership
and Service to the Courts

     

  

Colorado Mass Tort Survey

    

 

   

Mass Tort
Colorado
Survey Results



Tracking and/or reporting of mass tort cases

None known.

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Definition of "mass tort"

None known.

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Procedural rules

C.R.C.P. Rule 23. Class action.


C.R.C.P. Rule 16. Case management and trial management. Governs management of civil cases in the district court. Provides for presumptive, modified, and stipulated case management orders; meet and confer; disclosures; settlement discussions; pretrial motions; etc.  


C.R.C.P. Rule 16.1. Simplified procedure. Simplified procedure cannot apply to class actions.

C.R.C.P. R. 42.1 provides the procedure for coordinating related actions on a statewide basis, including a non-exhaustive list of factors to be considered by the panel on multi-district litigation in deciding to transfer cases.

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Statutes

C.R.S. 13-20-901. Class actions--appellate review. Allows for appellate review of an interlocutory appeal re: class action certification.


C.R.S. 12-14-113. Civil liability. Imposes civil liability up to $100,000 even to each individual member of a class action under the Colorado FDCPA.

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Case law

Toothman v. Freeborn & Peters, 80 P.3d 804 (Colo. App. 2002). Trial court may act sua sponte to create subclasses.


Villa Sierra Condominium v. Field Corp.
, 787 P.2d 661 (Colo. App. 1990). Rules 23(c) and (d) grant the trial court substantial discretion to create subclasses with respect to separate issues or to enter other orders designed to manage the litigation. 


Danburg v. Realties, Inc.
, 677 P.2d 439 (Colo. App. 1984). Compliance with C.R.C.P. Rule 16, governing case and trial management, is mandatory. 


Levine v. Empire Sav. & Loan Ass'n
, 40 Colo. App. 285, 579 P.2d 642 (1977), aff'd, 197 Colo. 293, 592 P.2d 410 (1979). Early determination of feasibility of class action is preferred so that ample notice may be given to members of the class to appear in the action, seek exclusion, or object to the representation by the plaintiffs. Also, if certification is denied, the applicable statutes of limitation will not have run.

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Administrative orders

A.O. 03-106. Mandatory electronic case filings--district court civil, domestic relations, and probate; county court civil and FED cases (December 6, 2006). 

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Interlocutory appeal

C.R.S. 13-20-901. Class actions--appellate review. Allows for appellate review of an interlocutory appeal re: class action certification.

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Infrastructure: special dockets

Multi-district litigation panel.

A specialized business court was proposed but has not been implemented. See the Governor's Task Force on Civil Justice Reform,
Final Report of Governor's Task Force on Civil Justice Reform, Denver, 2000. See especially the Report of the Committee on Business Courts, and the Business Courts Operating Statement.

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Infrastructure: task forces, commissions, or other policy-level bodies

Governor's Task Force on Civil Justice Reform. See the Final Report of Governor's Task Force on Civil Justice Reform, Denver, 2000. See especially the Report of the Committee on Business Courts, and the Business Courts Operating Statement. However, note that the business court was not implemented.

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Case management

C.R.C.P. Rule 16. Case management and trial management. Governs management of civil cases in the district court. Provides for presumptive, modified, and stipulated case management orders; meet and confer; disclosures; settlement discussions; pretrial motions; etc.  


C.R.C.P. Rule 16.1. Simplified procedure. Simplified procedure cannot apply to class actions.

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Technology

Colorado Judicial Branch's Integrated Information Services (ISS) is a cooperative effort between the Colorado Judicial Branch and LEXIS/Courtlink. The electronic case filing project was fully implemented statewide in January 2001. Colorado attorneys may use the e-filing tool provided by LEXIS/Courtlink to file new and subequent pleadings in general jurisdiction cases. Judges and court staff may use the system to issue orders electronically. After the court clerk reviews and accepts attorney filings, information from those filings automatically populates the Branch's court case management system. The project is being expanded to include implementation of XML transfer standards, archiving older cases, integration with other state imaging systems, and other tasks.


Integrated Colorado Online Network (ICON)
.

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Last Modified: 8/28/2006 5:26:36 PM

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