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Statutes of Limitations: Commencement of New Action Upon Involuntary Dismissal

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If an action is commenced within the period allowed 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, whichever is later, and the defendant may interpose any defense, counterclaim, or setoff which might have been interposed in the original action.¹

This 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.²

¹ C.R.S. 13-80-111(1), 2002.
² C.R.S. 13-80-111(2), 2002.