§ 13-80-111 — Commencement of new action upon involuntary dismissal

Colorado § 13-80-111

• Jurisdiction: Colorado
• Title 13: Courts
• Art.: Limitations - Personal Actions

Text

(1) If
an action is commenced within the period allowed by this article and is terminated
because of lack of jurisdiction or improper venue, the plaintiff or, if he dies and the
cause of action survives, the personal representative may commence a new action
upon the same cause of action within ninety days after the termination of the
original action or within the period otherwise allowed by this article, whichever is
later, and the defendant may interpose any defense, counterclaim, or setoff which
might have been interposed in the original action.

(2) This section shall be applicable to all actions which are first commenced
in a federal court as well as those first commenced in the courts of Colorado or of
any other state.

Legislative History

Source: L. 86: Entire article R&RE, p. 700, � 1, effective July 1.