Colo. Rev. Stat. § 13-40-110.5

Current through Acts effective through 6/7/2024 of the 2024 Legislative Session
Section 13-40-110.5 - Automatic suppression of court records - definition
(1) As used in this section, unless the context otherwise requires, "suppressed court record" means a court record that is accessible only to judges; court staff; a party to the case and, if represented, the party's attorneys; authorized judicial department staff; and a person with a valid court order authorizing access to the court record.
(2) Upon the commencement of an action pursuant to this article 40, any court record of the action is a suppressed court record.
(3) When an order granting the plaintiff possession of the premises is entered in an action to which this section applies, the record is no longer a suppressed court record and the court shall make the record available to the public unless the parties to the action agree that the record should remain suppressed. If the parties agree that the record should remain suppressed, the record remains a suppressed court record.
(4) The names of the parties included in a court record that is suppressed pursuant to this section may be used by the court for administrative purposes, but the court shall not, for any reason, publish the names of the parties online.
(5) In addition to the persons described in subsection (1) of this section, a court shall allow a person to access a suppressed court record if the person affirms to the court, in writing or electronically, that:
(a) The person is an attorney, other than a party's attorney described in subsection (1) of this section, or is acting on behalf of the attorney;
(b) A party included in the court record has given written or verbal permission for the person to access the suppressed court record;
(c) The person is only accessing the record for the purpose of:
(I) Providing legal advice to, or evaluating whether to enter an appearance on behalf of, the party who gave permission for the person to access the record; or
(II) Evaluating whether the matter is suitable for mediation or in preparation for a mediation between the parties included in the court record; and
(d) The person is not accessing the record for commercial purposes, other than as described in subsection (5)(c) of this section.

C.R.S. § 13-40-110.5

Amended by 2022 Ch. 19,§1, eff. 8/10/2022.
Added by 2020 Ch. 37,§1, eff. 12/1/2020.

Section 4(2) of chapter 37 (HB 20-1009), Session Laws of Colorado 2020, provides that the act adding this section applies to actions commenced on or after December 1, 2020.