Walcott v. District Court, Second Judicial District

We issued a rule pursuant to C.A.R. 21 1 directing the District Court for the City and County of Denver (district court) to show cause why it did not err when it ruled that it lacked authority to permit Brenda Walcott, a non-resident indigent plaintiff, to prosecute her personal injury claim against defendant, Total Petroleum, Inc., without posting a cost bond for security. Because we conclude that the controlling statutes, §§ 13-16-101 to - 103, 6A C.R.S. (1987), do not mandate dismissal where a non-resident plaintiff is financially unable to post a cost bond, 2 wé make the rule absolute.

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We…