This post is part of my Colorado litigation checklist approach to litigation knowledge management and litigation strategy. It addresses the designation of non-parties at fault.
-Designation of non-parties at fault is governed (in Colorado) by C.R.S. 13-21-111.5.
- Must designate "within ninety days following commencement of the action unless the court determines that a longer period is necessary." Id.
- Provide "a "brief statement of the basis for believing such non-party to be at fault." Id.
- Ensure that your brief statement "would satisfy all the elements of a negligence claim." Redden v. SCI Colo. Funeral Servs., Inc., 38 P.3d 75, 81 (Colo. 2001).
- If the non-party designated is a licensed professional or a company that employs licensed professionals where proof of fault will require establishing professional negligence through expert testimony, then you must also file a certificate of review.
Thoughts & Best Practices:
- Consider requesting an extension to pursue enough discovery to facilitate naming all applicable non-parties at fault. The court will not grant an extension of the 90-day deadline simply to accommodate your schedule or because you forgot to designate a party, but you should be able to get an extension if you can demonstrate that it is necessary, such as to obtain discovery.
Jeff Vail is a business litigation attorney in Denver, Colorado. Visit www.vail-law.com for more information.
This post is part of my Colorado litigation checklist approach to litigation knowledge management and litigation strategy.