Date: 04/12/2010

Final
BILL SUMMARY for HB10-1395

HOUSE COMMITTEE ON JUDICIARY

Votes: View--> Action Taken:
Adopt prepared amendment L.001 (Attachment B). Th
Refer House Bill 10-1395, as amended, to the Commi		PASS
PASS



01:51 PM -- House Bill 10-1395

Representative B. Gardner, prime sponsor, presented House Bill 10-1395 concerning interlocutory appeals in civil cases. The bill specifies that the state court of appeals has the initial jurisdiction over interlocutory appeals of certified questions of law in civil cases. The state supreme court is required to make rules concerning when an interlocutory appeal may be permitted in circumstances where the review promotes an orderly disposition or the order involves a controlling and unresolved question of law.

Representative Gardner distributed prepared amendment L.001 (Attachment B). The amendment allows a majority of the judges on the Colorado Court of Appeals to order that an interlocutory appeal be heard or reheard by all of the judges on the Colorado Court of Appeals rather than as a panel.

100412AttachB.pdf

01:54 PM -- Richard Laugesen, Colorado Bar Association, spoke in support of the bill. Mr. Laugesen distributed a handout concerning the bill (Attachment C). He explained how the Colorado Supreme Court Appellate Rules Committee goes about developing new court rules. The bill is necessary in order to permit the Colorado Supreme Court to promulgate rules. He discussed the definition of an interlocutory appeal, which is an appeal of a ruling by a trial court that is made before the trial has concluded. Interlocutory appeals are currently utilized in the Colorado Supreme Court and the United States Court of Appeals. Mr. Laugesen spoke about the grounds for proceeding with an interlocutory appeal. These are: 1) where an immediate review may promote a more orderly disposition or establish a final disposition of the litigation; and 2) the order involves a controlling or unresolved question of law. It is anticipated that the procedure will not be used often; however it will fill a need in cases where the only other means of resolving an impasse is to continue with the trial and the associated appeal. Such a resolution is costly and time-consuming. Mr. Laugesen responded to questions from the committee.

100412AttachC.pdf

02:12 PM -- Jeff Ruebel, Colorado Defense Lawyers' Association, spoke in support of the bill. Mr. Ruebel announced that the Colorado Trial Lawyers' Association and the Colorado Civil Justice League are also in support of the bill. He explained the benefits of interlocutory appeals. They help the judicial system work more efficiently by allowing appeals to be heard more quickly. Amendment L.001 addresses concerns that a proper decision based on a fairly limited record requires the input of more than three Colorado Court of Appeals judges.

02:21 PM

Representative Gardner wrapped up his presentation of the bill and asked for a favorable recommendation.

BILL:HB10-1395
TIME: 02:21:25 PM
MOVED:Gardner B.
MOTION:Adopt prepared amendment L.001 (Attachment B). The motion passed on a vote of 8-1, with 2 excused.
SECONDED:Kagan
VOTE
Court
Yes
Gardner B.
Yes
Kagan
Yes
King S.
Yes
Miklosi
Yes
Nikkel
Yes
Pace
Excused
Ryden
Excused
Waller
Yes
McCann
Yes
Levy
No
Not Final YES: 8 NO: 1 EXC: 2 ABS: 0 FINAL ACTION: PASS


BILL:HB10-1395
TIME: 02:22:54 PM
MOVED:Gardner B.
MOTION:Refer House Bill 10-1395, as amended, to the Committee of the Whole with a favorable recommendation. The motion passed on a vote of 10-0, with 1 excused.
SECONDED:Nikkel
VOTE
Court
Yes
Gardner B.
Yes
Kagan
Yes
King S.
Yes
Miklosi
Yes
Nikkel
Yes
Pace
Yes
Ryden
Excused
Waller
Yes
McCann
Yes
Levy
Yes
Final YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS




02:23 PM

Representative Levy recessed the committee.