(1) A civil action under section 25.5-4-306 (1) or (2) may not be brought after the later of:
More than six years after the date on which the violation of section 25.5-4-305 iscommitted; or
More than three years after the date when facts material to the right of action areknown or reasonably should have been known by the official of the state charged with responsibility to act in the circumstances, but in no event more than ten years after the date on which the violation of section 25.5-4-305 is committed.
If the state elects to intervene and proceed with an action brought under section 25.54-306, the state may file its own complaint or amend the relator's complaint to clarify or add detail to the claims in which the state is intervening and to add any additional claims with respect to which the state contends it is entitled to relief. For statute of limitations purposes, any such pleadings by the state shall relate back to the filing date of the relator's complaint, to the extent that the state's claim arises out of the conduct, transactions, or occurrences set forth, or attempted to be set forth, in the prior complaint of the relator.
In an action brought under section 25.5-4-306, the state or relator must prove allessential elements of the cause of action, including damages, by a preponderance of the evidence.
Notwithstanding any other provision of law, the Colorado rules of criminal procedure, or the Colorado rules of evidence, a final judgment rendered in favor of the state in a criminal proceeding charging fraud or false statements, whether upon a verdict after trial or upon a plea of guilty or nolo contendere, shall estop the defendant from denying the essential elements of the offense in any action that involves the same transaction as in the criminal proceeding and that is brought under section 25.5-4-306.
A private action for retaliation under section 25.5-4-306 (7) may not be brought morethan three years after the date when the retaliation occurred.
Source: L. 2010: Entire section added, (SB 10-167), ch. 296, p. 1386, § 14, effective May 26. L. 2013: (5) added, (SB 13-205), ch. 276, p. 1442, § 6, effective August 7.
Cross references: For the legislative declaration in SB 10-167, see section 1 of chapter 296, Session Laws of Colorado 2010.