Colorado § 13-20-1102 - Motion to dismiss - appeal - definitions.

§ 13-20-1102. Motion to dismiss - appeal - definitions.

(1) As used in this section, unless the context otherwise requires:

(a) "Complaint" means a petition or cross-complaint.

(b) "Defendant" means a respondent or cross-defendant.

(c) "Plaintiff" means a petitioner or cross-complainant.

(d) "Protected statement by a victim-survivor" means:

(I) Any written or oral statement or writing made in connection with any phase of a criminal investigation or proceeding;

(II) Any written or oral statement or writing made in connection with an investigation conducted pursuant to Title IX of the federal "Education Amendments of 1972", 20 U.S.C. sec. 1681;

(III) Any written or oral statement or writing made in connection with a child welfare investigation;

(IV) Any written or oral statement or writing made in connection with a petition for civil protection order pursuant to article 14 of this title 13 or an extreme risk protection order pursuant to article 14.5 of this title 13;

(V) Any written or oral statement or writing to any person required to report suspected child abuse or neglect pursuant to section 19-3-304; and

(VI) Any written or oral statement or writing made in connection with any other quasi-judicial proceeding.

(e) "Victim-survivor" means an individual who is alleged to be a victim of a crime charged in the present case which involves domestic violence, as defined in section 18-6-800.3; unlawful sexual behavior, as described in part 4 of article 3 of title 18; stalking, as defined in section 18-3-602; human trafficking for involuntary servitude, as defined in section 18-3-503; or human trafficking for sexual servitude, as defined in section 18-3-504.

(2) (a) A cause of action against a person arising from any protected statement by a victim-survivor is subject to a special motion to dismiss unless the court determines that the plaintiff has established that there is a reasonable likelihood that the plaintiff will prevail on the claim.

(b) In making its determination, the court shall consider the pleadings and supporting and opposing affidavits stating the facts upon which the liability or defense is based.

(c) If the court determines that the plaintiff has established a reasonable likelihood that the plaintiff will prevail on the claim, the court's determination is not admissible as evidence at any later stage of the case or at any subsequent proceeding, and no burden of proof or degree of proof otherwise applicable is affected by the court's determination at any later stage of the case or at any subsequent proceeding.

(3) The special motion must be filed within sixty-three days after the service of the complaint or, in the court's discretion, at a later time upon terms it deems proper. The court shall schedule the motion for a hearing not more than twenty-eight days after the service of the motion unless the docket conditions of the court require a later hearing.

(4) All discovery proceedings in the action are stayed upon the filing of a notice of motion made pursuant to this section. The stay of discovery remains in effect until notice of entry of the order ruling on the motion. Notwithstanding this subsection (4), the court may, on noticed motion and for good cause shown, order that specified discovery be conducted.

(5) In any action subject to subsection (2) of this section, a prevailing defendant on a special motion to dismiss is entitled to recover the defendant's attorney fees and costs. If the court finds that a special motion to dismiss is frivolous or is solely intended to cause unnecessary delay, pursuant to part 1 of article 17 of this title 13, the court shall award costs and reasonable attorney fees to a plaintiff prevailing on the motion.

(6) In the case of an order granting or denying a special motion to dismiss in county court, the order is immediately appealable to the district court. In the case of an order granting or denying a special motion to dismiss in district court, the order is immediately appealable to the court of appeals.

Source: L. 2026: Entire section added, (SB 26-095), ch. 133, p. 590, § 3, effective May 19.

PART 12

ACTIONS FOR SEXUAL MISCONDUCT AGAINST MINORS

Editor's note: In Aurora Public Schools v. A.S., 2023 CO 39, 531 P.3d 1036, the Colorado supreme court held that a cause of action brought under this part 12 for conduct committed before its enactment and for which any previously available claims would be time-barred is retrospective in violation of article II, section 11, of the Colorado constitution.

Cross references: For the legislative declaration in SB 21-088, see section 1 of chapter 442, Session Laws of Colorado 2021.