Colorado § 13-40-113.5 - Residential actions in county court - remote participation - electronic filing - procedures for technology failure - auxiliary services providers.

§ 13-40-113.5. Residential actions in county court - remote participation - electronic filing - procedures for technology failure - auxiliary services providers.

(1) For a residential action filed in county court pursuant to this article 40:

(a) The court shall allow either party and any witness to choose to appear in person or remotely by phone or video on a platform designated by the court at any return, conference, hearing, trial, or other court proceeding. Either party and any witness may elect to change how the party or witness intends to participate by contacting the court; except that, if a party or witness contacts the court within forty-eight hours of the scheduled appearance, the court has discretion whether to approve the party or witness's requested change in participation.

(b) A pro se defendant may file an answer electronically through an e-filing system. If either party is pro se, the party may file a motion or other documents, including, but not limited to, evidence or additional documentation, electronically through an e-filing system.

(c) (I) (Deleted by amendment, L. 2024.)

(II) The court shall not assess, charge, or collect an e-filing fee, service fee, or any other fee associated with the filing of motions, answers, or documents that are filed by a defendant.

(d) The court shall comply with any federal or state law or regulation, including any supreme court directive or policy, regarding the provision of accommodations for people with a disability or for people with limited English proficiency during any proceeding, regardless of whether the proceeding is conducted in person or remotely by phone or video on a platform designated by the court; and

(e) If a pro se defendant files an answer or any other document physically instead of filing electronically through an e-filing system, the court shall timely serve the document on the plaintiff on behalf of the defendant and shall not charge any fee or cost related to the service.

(2) In the event a party is disconnected or there is a technology failure, the court shall make all reasonable efforts to contact the party and shall allow reasonable time for the party to reestablish connection with the court. If the party is unable to reestablish connection, the court shall reschedule the hearing, to be held in person, for the first available date after the date of the originally scheduled hearing but no later than one week after the originally scheduled hearing, to the extent practicable. The court shall not enter a default judgment if a party is unable to participate remotely due to a technological disconnection or failure.

(3) A court shall not construe this section to provide less than is required by Title II of the federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12101 et seq., as amended, and its implementing regulations.

Source: L. 2023: Entire section added, (HB 23-1186), ch. 415, p. 2458, § 2, effective January 1, 2024. L. 2024: (1)(b), (1)(c), and (1)(d) amended and (1)(e) added, (HB 24-1099), ch. 379, p. 2570, § 2, effective November 1.

Cross references: For the legislative declaration in HB 23-1186, see section 1 of chapter 415, Session Laws of Colorado 2023.