[Download] "In Re Polevoy" by Colorado Supreme Court # Book PDF Kindle ePub Free

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eBook details

• Title: In Re Polevoy
• Author : Colorado Supreme Court
• Release Date : January 10, 1999
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 52 KB

Description

We granted certiorari to review the court of appeals decision in Archangel Diamond Corp. v. Arkhangelskgeoldobycha, 94 P.3d 1208 (Colo. App. 2004), in which that court held that a trial court addressing a C.R.C.P. 12(b)(2) motion may decide disputed jurisdictional facts without holding an evidentiary hearing. We now conclude that a trial court may not decide material issues of disputed jurisdictional fact against a plaintiff without such a hearing. Our case law and rules indicate that a plaintiff must establish a prima facie case of personal jurisdiction to overcome a C.R.C.P. 12(b)(2) motion to dismiss. In order to rebut allegations of personal jurisdiction set forth in the complaint, the defendant may file affidavits. The plaintiff may file counter-affidavits. When competent evidence in the parties affidavits is conflicting, the court must resolve the conflicts in favor of the plaintiff. The court may not resolve disputed issues of fact against the plaintiff absent an evidentiary hearing.

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