2020 Colorado Revised Statutes
Title 13 - Courts And Court Procedure
Article 80. Limitations - Personal Actions

Editor's note: This article was numbered as article 1 of chapter 87, C.R.S. 1963. The substantive provisions of this article were repealed and reenacted in 1986, resulting in the addition, relocation, and elimination of sections as well as subject matter. For amendments to this article prior to 1986, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume. Former C.R.S. section numbers are shown in editors' notes following those sections that were relocated. For a detailed comparison of this article, see the comparative tables located in the back of the index.

Cross references: (1) For the general rule that a statute of limitations, although barring the use of a claim for affirmative relief after the limitations period has run, is not a bar to asserting that claim as a defense, see Ackmann v. Merchants Mortg. & Trust Corp., 645 P.2d 7 (Colo. 1982) and Dawe v. Merchants Mortg. & Trust Corp., 683 P.2d 796 (Colo. 1984).

2. For the holding by the Tenth Circuit Court of Appeals that for purposes of the statuteof limitations in 42 U.S.C. § 1983 actions, all civil rights claims are to be generally and uniformly characterized, regardless of discrete facts involved, as actions for injury to personal rights, see Wilson v. Garcia, 731 F.2d 640 (10th Cir. 1984), aff'd, 471 U.S. 261, 105 S. Ct. 1938, 85 L. Ed.2d 254 (1985). For previous cases dealing with the statute of limitations in actions brought under 42 U.S.C. § 1983, see Mucci v. Falcon School Dist. No. 49, 655 P.2d 422 (Colo. App. 1982) and McKay v. Hammond, 730 F.2d 1367 (10th Cir. 1984). For article, "Civil Rights", which discusses Tenth Circuit decisions dealing with the applicable statute of limitations for actions brought under 42 U.S.C. § 1983, see 62 Den. U. L. Rev. 67 (1985).

3. For the general rule that it is the nature of the right sued upon and not the form of theaction or the relief requested which determines the applicable statute of limitation, see Richards Engineers, Inc. v. Spanel, 745 P.2d 1031 (Colo. App. 1987).

4. For the statute of limitations on the misappropriation of trade secrets, see § 7-74-107;for limitation of actions concerning real property, see part 1 of article 41 of title 38.

Law reviews: For article, "United States Supreme Court Review of Tenth Circuit Decisions", which discusses a Tenth Circuit decision dealing with the applicable statute of limitations for actions brought under 42 U.S.C. § 1983, see 63 Den. U.L. Rev. 473 (1986); for article, "Legal Aspects of Health and Fitness Clubs: A Healthy and Dangerous Industry", see 15 Colo. Law. 1787 (1986); for article, "1986 Colorado Tort Reform Legislation", see 15 Colo. Law. 1363 (1986); for article, "1988 Update on Colorado Tort Reform Legislation -- Part II", see 17 Colo. Law. 1949 (1988); for article, "Civil Procedure" which discusses Tenth Circuit decisions dealing with the statute of limitations applicable in section 1983 actions, see 65 Den. U. L. Rev. 429 (1988); for article, "Finding the Right Limitations Period for "New" Intentional Torts", see 19 Colo. Law. 875 (1990); for article, "Fifteen Years of Colorado Legislative Tort Reform: Where Are We Now?", see 30 Colo. Law. 5 (Feb. 2001).