July 18, 2019

Colorado Supreme Court: Delay in Providing Notice to Co-Defendant Permissible Under Relation-Back Doctrine and C.R.C.P. 15(c)

The Colorado Supreme Court issued its opinion in In re Garcia v. Schneider Energy Services, Inc. on Monday, October 22, 2012.

Commencement of Proceedings—Notice—Relation Back—CRCP 15(c)

In this original CAR 21 proceeding, the Supreme Court reviewed the trial court’s grant of summary judgment after it found that seventy-one days was not a reasonable time for purposes of “relating back” an amended complaint under CRCP 15(c). Pursuant to Dillingham v. Greeley Publishing Company, 701 P.2d 27, 31 (Colo. 1985), the proper measure for relation back under CRCP 15(c) is the time between the filing date of the original complaint and the date when the party related back receives notice—in this case, 116 days. Accordingly, the trial court’s judgment was vacated.

Summary and full case available here.