CO Bar Civil Procedure 3

Question 1

Under C.R.S. § 13-80-103.5, the statute of limitations for an action on a written contract in Colorado is:

Accepted Answer

6 years

Answer

Colorado's § 13-80-103.5 provides a six-year limitation period for actions on written contracts, promissory notes, and similar instruments.

Question 2

Under C.R.C.P. 65(b), a Colorado court may issue a temporary restraining order without notice to the adverse party if:

Accepted Answer

Specific facts in an affidavit or verified complaint show immediate and irreparable injury before the adverse party can be heard, and the applicant certifies efforts made to give notice

Answer

C.R.C.P. 65(b) permits ex parte TROs only when immediate irreparable harm is shown by specific facts and the applicant has certified notice efforts or explained why notice should not be required.

Question 3

Under FRCP 13(a), a counterclaim is compulsory if:

Accepted Answer

It arises out of the same transaction or occurrence as the opposing party's claim and does not require adding a party over whom the court cannot acquire jurisdiction

Answer

A counterclaim is compulsory under Rule 13(a) when it arises from the same transaction or occurrence as the plaintiff's claim, subject to the joinder limitation.

Question 4

Under FRCP 24(a), a party is entitled to intervene as of right when:

Accepted Answer

The applicant's motion is timely, the applicant claims an interest in the action's subject matter, and disposing of the action may impair that interest without existing parties adequately representing it

Answer

Intervention of right under Rule 24(a) requires a timely motion, a legally protectable interest, risk of impairment of that interest, and inadequate representation by current parties.

Question 5

Under FRCP 55, a default judgment may be entered against a party who:

Accepted Answer

Fails to plead or otherwise defend within the time required after being properly served with process

Answer

Default judgment is available under Rule 55 when a party fails to answer or otherwise respond to the complaint within the time permitted after proper service.

(CO Bar) Colorado Bar Exam Practice Test

(CO Bar) Colorado Bar Exam Practice Test

CO Bar Civil Procedure 3