Biella v. State Department of Highways

I respectfully dissent. I agree with the majority holding under Section I and Section II, but disagree with the approach taken under Section III.

C.R.C.P. 55(e) provides:

“No judgment by default shall be entered against an officer or agency of the State of Colorado unless the claimant establishes his claim or right to relief by evidence satisfactory to the court.”

The majority has elected to treat the State’s arguments as falling under that portion of C.R.C.P. 55(e) requiring “evidence satisfactory to the court.” I have more concern for that portion of the rule which requires the claimant to…