Appendix A - Actions in the Colorado Civil Access Pilot ProjectThe case types listed in Section I are included in the Pilot Project; Section II contains specific exclusions from the Pilot Project.
I. INCLUDED ACTIONS Business Actions. The district court should handle the following types of actions under the Pilot Project Rules for business actions, whether the relief requested is legal or equitable. Pilot project business actions are not limited to "business v. business," but also include "business v. individual" and "individual v. individual" business cases.
(a) Breach of contract actions; (b) Business tort actions (e.g., unfair competition, fiduciary duty, fraud, misrepresentation); (c) Actions for statutory and/or common law violations where the breach or violation is alleged to arise out of business dealings (e.g., sales of assets or securities; corporate restructuring; partnership, shareholder, joint venture, or other business agreements); (d) Actions involving transactions governed by the Uniform Commercial Code; (e) Actions involving commercial real property; (f) Owner/investor derivative actions brought on behalf of business organizations; (g) Actions involving business transactions with commercial banks or other financial institutions; (h) Actions involving the internal affairs of business organizations;(i) Actions involving insurance coverage, including directors and officers, errors and omissions, business interruption, environmental, or bad faith; (j) Actions involving dissolution of corporations, partnerships, limited liability companies, limited liability partnerships or joint ventures; (k) Private actions for securities fraud under C.R.S. § 11-51-501 , et seq., and the common law;(l) Private antitrust actions brought under the Unfair Practices Act (C.R.S. § 6-2-101 , et seq.) or the Colorado Antitrust Act of 1992 (C.R.S. § 6-4-101 , et seq.); (m) Actions involving intellectual property, including state trademark laws; (n) Professional malpractice actions, excluding those actions listed in Section II(h) below; (o) Products liability actions. As used herein, the term "business organization" includes all forms of entities recognized by Colorado law, and applies to single owner or member entities, for profit and nonprofit entities, unincorporated associations, and sole proprietorships.
As used herein, the term "financial institution" includes any bank, savings and loan association, state or federal savings bank, bank holding company, thrift holding company, industrial bank, credit union, mortgage or finance company, credit card company, or collection agency.
II. EXCLUDED ACTIONS The following types of actions are not subject to the Pilot Project Rules:
(a) Actions solely for the payment of rent on real property; (b) Colorado Rule of Civil Procedure 120 proceedings;(c) Isolated motions for the appointment of a receiver that are not part of or attached to a civil complaint stating additional claims; (d) Actions brought by commercial banks or other financial institutions solely for the collection of debt; (e) Employment actions arising out of existing or former employment relationships, unless the dispute concerns claims of breach of non-compete covenants or theft of trade secrets; (f) Actions involving construction defect claims; (g) Actions subject to the Colorado Governmental Immunity Act; (h) Medical negligence actions alleging a breach of the standard of care by a health care provider and which are covered under the Colorado Health Care Availability Act (C.R.S. §§ 13-64-101 to 503 ); (i) Actions alleging negligence for physical injuries to one or more individual(s); (j) Replevin actions under Colorado Rule of Civil Procedure 104;(k) Administrative agency actions and proceedings, such as those involving the securities commissioner or the insurance commissioner; (l) Actions involving a statute or rule that contains distinct time frames for the proceedings; (m) Post-judgment proceedings in aid of satisfaction of a judgment. Colo. Civ. Acc. Pilot Proj. 11 app A