C.R.S. Section 13-20-1004
Forum non conveniens

(1)

In any action otherwise properly filed in a court of this state, a motion to dismiss without prejudice under the doctrine of forum non conveniens shall be granted if:

(a)

The claimant or claimants named in the motion are not residents of the state of Colorado;

(b)

An alternative forum exists;

(c)

The injury or damage alleged to have been suffered occurred outside of the state of Colorado;

(d)

A substantial portion of the witnesses and evidence is outside of the state of Colorado; and

(e)

There is a significant possibility that Colorado law will not apply to some or all of the claims.

(2)

In any action otherwise properly filed in a court of this state, a motion to dismiss without prejudice under the doctrine of forum non conveniens may be granted if the court finds that the factor specified in paragraph (a) of subsection (1) of this section is present and that at least one or more but fewer than all of the factors specified in paragraphs (b) to (e) of subsection (1) of this section are present, and based upon such factors, the court finds that in the interest of judicial economy or for the convenience of the parties, a party’s claim or action should be heard in a forum outside of Colorado.

(3)

In determining whether the factors specified in subsection (1) of this section are present, the court may consider evidence outside of the pleadings, but no formal discovery shall be permitted.

(4)

Intentionally left blank —Ed.

(a)

The court may set conditions for dismissing a claim or action under this section as the interests of justice may require.

(b)

If the statute of limitations in the alternative forum expires while the claim is pending in a court in Colorado, the court shall grant a dismissal under this section only if each defendant waives all defenses that the statute of limitation in the alternative forum has expired.

Source: Section 13-20-1004 — Forum non conveniens, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-13.­pdf (accessed Oct. 20, 2023).

13‑20‑101
What actions survive 13‑20‑102
Effect of repeal 13‑20‑201
Legislative declaration 13‑20‑202
Civil causes abolished 13‑20‑203
Breach of contract to marry not actionable 13‑20‑204
Certain contracts made in settlement of claims void 13‑20‑205
Unlawful to file pleading 13‑20‑206
Unlawful to name corespondent 13‑20‑207
Corespondent not to be disclosed - cross-examination - effect 13‑20‑208
Penalty for violations 13‑20‑401
Definitions 13‑20‑402
Physician to provide information for written informed consent 13‑20‑403
Restrictions on electroconvulsive treatment - rights of minors 13‑20‑601
Legislative declaration 13‑20‑602
Actions against licensed professionals and acupuncturists - certificate of review required 13‑20‑701
Legislative declaration 13‑20‑702
Definitions 13‑20‑703
Environmental third-party liability - ownership 13‑20‑801
Short title 13‑20‑802
Legislative declaration 13‑20‑802.5
Definitions 13‑20‑803
List of defects required 13‑20‑803.5
Notice of claim process 13‑20‑804
Restriction on construction defect negligence claims 13‑20‑805
Tolling of statutes of limitation 13‑20‑806
Limitation of damages 13‑20‑807
Express warranty - not affected 13‑20‑808
Insurance policies issued to construction professionals 13‑20‑901
Class actions - appellate review 13‑20‑1001
Short title 13‑20‑1002
Legislative declaration 13‑20‑1003
Definitions 13‑20‑1004
Forum non conveniens 13‑20‑1101
Action involving exercise of constitutional rights - motion to dismiss - appeal - legislative declaration - definitions 13‑20‑1201
Definitions 13‑20‑1202
Civil cause of action for sexual misconduct against a minor - exceptions 13‑20‑1203
Limitation on action - retroactive application 13‑20‑1204
Waiver of liability void 13‑20‑1205
No contributory negligence - interest on damages - limitation on damages 13‑20‑1206
Attorney fees 13‑20‑1207
Applicability of part to public entities and public employees - damages - no duty to indemnify
Green check means up to date. Up to date

Current through Fall 2024

§ 13-20-1004’s source at colorado​.gov