Full question:
Three short questions - Colorado - what is the CCR Rule for: Filing exemplary damages (Time and form), Jury Instructions by Rule and Failure to state a claim upon which relief can be granted - CCR and legal definition.
- Category: Damages
- Date:
- State: Colorado
Answer:
In Colorado, before a plaintiff can seek exemplary damages, they must file a lawsuit and conduct discovery to support their claim. They can amend their pleadings to include exemplary damages after exchanging initial disclosures under Rule 26 of the Colorado Rules of Civil Procedure and establishing prima facie proof of a triable issue. If this is shown, the court may allow further discovery on exemplary damages as needed.
According to Colorado law (C.R.S. § 13-21-102), in civil cases where a jury assesses damages for personal or property harm, if the injury involves fraud, malice, or willful and wanton conduct, the jury may award reasonable exemplary damages in addition to actual damages. However, the exemplary damages cannot exceed the amount of actual damages awarded.
Exemplary damages cannot be included in the initial claim for relief and can only be added later after initial disclosures and proof of a triable issue. The court may reduce or deny exemplary damages if the deterrent effect has been achieved, the harmful conduct has stopped, or the purpose of such damages has been served. Conversely, the court may increase exemplary damages up to three times the actual damages if the defendant continues the harmful behavior during the case.
Exemplary damages are not awarded in administrative or arbitration proceedings, and a party's income or net worth is not considered in determining the appropriateness or amount of such damages.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.