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In Colorado what is the statute of limitations for

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In Colorado what is...

In Colorado what is the statute of limitations for defamation/libel -- there appear be three general timelines 3years, 2years, and 1year.

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

As I stated above, Colorado.

Lawyer's Assistant: Has anything been filed or reported?

No. The issue is I have a DA looking at perjury charges by employer in a civil rights complaint. For one thing I am wondering if perjury is found, would that re-set the clock for civil complaint?

Submitted: 9 months ago.Category: Legal
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Answered in 2 minutes by:
8/30/2017
Lawyer: RobertJDFL, Attorney replied 9 months ago
RobertJDFL
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Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I am reviewing your question and will reply back shortly.

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Lawyer: RobertJDFL, Attorney replied 9 months ago

Good morning,

Colorado treats a defamation case as an intentional tort. Under Colo. Rev. Stat. § 13-80-103(1)(a), a plaintiff has one year to file a civil defamation case. The one-year period begins on the date of injury. Colorado used to criminalize defamation but that law was repealed in 2012.

Perjury would not "re-set" the clock but it could give rise to a new one year period in which to file suit if a plaintiff can establish damages from the false statement(s) made that day. For example, John makes a false statement to someone about Susan on July 1, 2015. Susan never speaks to a lawyer about it despite suffering harm, and the statute of limitations runs out July 1, 2016. On July 1, 2017, John is in court and repeats the false statement about Susan. Susan again suffers harm from the statement. She now has until July 1, 2018 to file a lawsuit.

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Customer reply replied 9 months ago
OK I originally thought that false statements in a case before the Civil Rights Division would be in this clause, fraud/misrepresentation: "13-80-101. General limitation of actions - three years
(c) All actions for fraud, misrepresentation". If the DA finds that the employer perjured themselves I am contemplating arguing that the date I could be certain I was harmed was the date I could be certain the statements were actually false, i.e. if the DA investigates and finds them to be false in Aug.2017 at that date I am certain they are false and could then pursue civil remedy. In addition a judge seeing that the employer had been charged by a DA for perjury would likely want to apply exemplary damages, e.g. if they had discretion to determine the actual date of injury they would be inclined to do so.
Lawyer: RobertJDFL, Attorney replied 9 months ago

Misrepresentation is different from defamation. Misrepresentation is most often seen in contract actions, where materially false claims are made by one party to induce another to do something. For example, if I'm selling you my car and I tell you that it only has 15,000 miles on it and then you buy the car based on that and learn later that it actually has 60,000 miles on it and I rolled back the odometer, that's misrepresentation.

You are certainly free to make the argument that you are proposing, but generally the statute of limitations runs from the time the false statement is made. It's not required that the DA prove it false. If the plaintiff alleges it is false and can establish it is false and that they were harmed by the statement, that is what is required.

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