The Colorado Supreme Court
has adopted Civil Procedure Rule 26.3. The rule goes
into effect July 1, 2000. It establishes new procedures
for cases under $50,000 ("limited monetary claims").
Limited Monetary Claims:
A Limited Monetary claim can be any civil claim in
which no claimant seeks to recover more than $50,000
exclusive of costs and interest. If third party claims,
cross-claims or counter claims are asserted the claims
of each party cannot exceed $50,000.
Certification:
If Plaintiff wishes he or she can certify at the time
the complaint is filed the no more than $50,000 is sought.
Neither defendants nor any third parties have this option.
However, once the certification is made it can only
be withdrawn by order of the court.
Rule Changes:
If the case is certified the Rules of Civil Procedure
change in the following ways:
- The parties must attend Alternative Dispute Resolution
(ADR) within 120 days of the at issue date (usually
when the defendant answers).
- Prior to ADR the only deposition that may be taken
is that of the adverse party.
- Written discovery commences on the at-issue date.
- Costs cannot be awarded in excess of $5,000.
- The depositions of experts may be used at trial
without a showing of unavailability.
Effect of Rule: The rule's effect
will obviously depend on the number of Plaintiff's attorneys
who choose to use it. One potential area where Plaintiff's
attorneys may choose to use the new procedure is in
low speed auto cases. However, we suspect that many
Plaintiff's attorneys will be hesitant to limit their
recovery to $50,000 before discovery has commenced.
Contract disputes where the damages are certain and
the facts relatively clear are another likely area for
the rule to be used.
Check back here for updates on the new rule's effect.
The information you
obtain at this site is not, nor is it intended to be,
legal advice.
You should consult an attorney for individual advice
regarding your own situation.
Copyright © 2004 by Wood,
Ris & Hames, P.C. All rights reserved.
You may reproduce materials available at this site for
your own personal use and for non-commercial distribution.
All copies must include this copyright statement. |
