§ 13-20-1004 — Forum non conveniens

(1) In any action otherwise properly
filed in a court of this state, a motion to dismiss without prejudice under the
doctrine of forum non conveniens shall be granted if:

(a) The claimant or claimants named in the motion are not residents of the
state of Colorado;

(b) An alternative forum exists;

(c) The injury or damage alleged to have been suffered occurred outside of
the state of Colorado;

(d) A substantial portion of the witnesses and evidence is outside of the
state of Colorado; and

(e) There is a significant possibility that Colorado law will not apply to some
or all of the claims.

(2) In any action otherwise properly filed in a court of this state, a motion to
dismiss without prejudice under the doctrine of forum non conveniens may be
granted if the court finds that the factor specified in paragraph (a) of subsection (1)
of this section is present and that at least one or more but fewer than all of the
factors specified in paragraphs (b) to (e) of subsection (1) of this section are
present, and based upon such factors, the court finds that in the interest of judicial
economy or for the convenience of the parties, a party's claim or action should be
heard in a forum outside of Colorado.

(3) In determining whether the factors specified in subsection (1) of this
section are present, the court may consider evidence outside of the pleadings, but
no formal discovery shall be permitted.

(4) (a) The court may set conditions for dismissing a claim or action under
this section as the interests of justice may require.

(b) If the statute of limitations in the alternative forum expires while the
claim is pending in a court in Colorado, the court shall grant a dismissal under this
section only if each defendant waives all defenses that the statute of limitation in
the alternative forum has expired.

Legislative History

Source: L. 2004: Entire part added, p. 402, � 1, effective August 4.