NOTE:  This bill has been prepared for the signature of the appropriate legislative
officers and the Governor.  To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
      history, or the Session Laws.
      
      
      HOUSE BILL 10-1395
      
      
      BY REPRESENTATIVE(S) Gardner B., Kagan, King S., Levy, Liston,
      Nikkel, Waller, Carroll T.;
      also SENATOR(S) Steadman, Newell.
      
      
      Concerning interlocutory appeals in civil cases.
       
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  The introductory portion to 13-4-102 (1), Colorado
      Revised Statutes, is amended to read:
      
           13-4-102.  Jurisdiction.  (1)  Any provision of law to the contrary
      notwithstanding, the court of appeals shall have initial jurisdiction over
      appeals from final judgments of, and interlocutory appeals of
      certified questions of law in civil cases pursuant to section
      13-4-102.1 from, the district courts, the probate court of the city and county
      of Denver, and the juvenile court of the city and county of Denver, except
      in:
      
           SECTION 2.  Article 4 of title 13, Colorado Revised Statutes, is
      amended BY THE ADDITION OF A NEW SECTION to read:
      
           13-4-102.1.  Interlocutory appeals of determinations of questions
      of law in civil cases.  (1)  The court of appeals, under rules
      promulgated by the Colorado supreme court, may permit an
      interlocutory appeal of a certified question of law in a civil
      matter from a district court or the probate court of the city and
      county of Denver if:
      
           (a)  The trial court certifies that immediate review may
      promote a more orderly disposition or establish a final disposition
      of the litigation; and
      
           (b)  The order involves a controlling and unresolved
      question of law.
      
           (2)  A majority of the judges who are in regular active
      service on the court of appeals and who are not disqualified may,
      if approved by rules promulgated by the Colorado supreme court,
      order that an interlocutory appeal permitted by the court of
      appeals be heard or reheard by the court of appeals en banc.
      
           SECTION 3.  Act subject to petition - effective date.  This act
      shall take effect at 12:01 a.m. on the day following the expiration of the
      ninety-day period after final adjournment of the general assembly (August
      11, 2010, if adjournment sine die is on May 12, 2010); except that, if a
      referendum petition is filed pursuant to section 1 (3) of article V of the state
      constitution against this act or an item, section, or part of this act within
      such period, then the act, item, section, or part shall not take effect unless
      approved by the people at the general election to be held in November 2010
      and shall take effect on the date of the official declaration of the vote
      thereon by the governor.
      
      
      
      
      ________________________________________________________
      Terrance D. Carroll                Brandon C. Shaffer
      SPEAKER OF THE HOUSE                     PRESIDENT OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
      
      
      ____________________________  ____________________________
      Marilyn Eddins                          Karen Goldman
      CHIEF CLERK OF THE HOUSE                 SECRETARY OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    Bill Ritter, Jr.
                                    GOVERNOR OF THE STATE OF COLORADO