due diligence standard (Colorado) · Go Syfert
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due diligence standard in Colorado

6 Colorado opinions name it 2 courts 1994–2025 4 in the last five years

The cases below were cited by Colorado courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
Owens v. Tergesongreen
coloctapp · 2015 · cited in 1 Colorado opinions naming this issue, 2023–2023
1 sentence

2023See Owens, ¶ 45, 363 P.3d at 836 (explaining there is no objective, formulaic standard for determining what is, or is not, due diligence); Jay.J.L., ¶ 40, 514 P.3d at 320 (explaining how the due diligence test as articulated by the division in A-J.A.B.

11
Lobato v. Taylorgreen
ca10 · 2003 · cited in 1 Colorado opinions naming this issue, 2022–2022
1 sentence

2022Lobato v. Taylor, 70 P.3d 1152, 1161 (Colo. 2003). ¶ 30 The verified motion seeking service by publication was filed on March 29, 2006.

11
Gamewell v. Strumplergreen
colo · 1928 · cited in 1 Colorado opinions naming this issue, 2008–2008
2 sentences

2008See Gamewell v. Strumpler, 84 Colo. 459, 466 , 271 P. 180, 182 (1928) (return "by such officer or person that defendant cannot, after diligent search, be found therein, constitutes a proper and sufficient basis for publication of the summons"); see also Rael v. Taylor, 876 P.2d 1210 , 1227 n. 27 *133 (Colo.1994)("A petitioner in a quiet title proceeding who complies with the requirement of [Rule 4(g)] in effect provides the trial court with evidence presumptively establishing that the due diligence standard of notice has been satisfied.").

2008See Gamewell v. Strumpler, 84 Colo. 459, 466 , 271 P. 180, 182 (1928) (return "by such officer or person that defendant cannot, after diligent search, be found therein, constitutes a proper and sufficient basis for publication of the summons"); see also Rael v. Taylor, 876 P.2d 1210 , 1227 n. 27 *133 (Colo.1994)("A petitioner in a quiet title proceeding who complies with the requirement of [Rule 4(g)] in effect provides the trial court with evidence presumptively establishing that the due diligence standard of notice has been satisfied.").

11
Rael v. Taylorgreen
colo · 1994 · cited in 1 Colorado opinions naming this issue, 2008–2008
1 sentence

2008See Gamewell v. Strumpler, 84 Colo. 459, 466 , 271 P. 180, 182 (1928) (return "by such officer or person that defendant cannot, after diligent search, be found therein, constitutes a proper and sufficient basis for publication of the summons"); see also Rael v. Taylor, 876 P.2d 1210 , 1227 n. 27 *133 (Colo.1994)("A petitioner in a quiet title proceeding who complies with the requirement of [Rule 4(g)] in effect provides the trial court with evidence presumptively establishing that the due diligence standard of notice has been satisfied.").

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Colorado. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
H.J.B. v. A - J.A.B. Judgment Affirmed JUSTICE BERKENKOTTER delivered the Opinion of the Court, in which CHIEF JUSTICE BOATRIGHT JUSTICE MÁRQUEZ JUSTICE HOOD JUSTICE GABRIEL JUSTICE HART green
colo · 2023
2 sentences

2025H.J.B. v. People in Interest of A-J.A.B., 2023 CO 48, ¶ 5 . ¶ 11 Due diligence requires a department to “earnestly endeavor to investigate the basis” for an assertion that the child may be an Indian child, contact any family members or others specifically identified by a parent as having knowledge of Indian heritage, and learn if there is further information that would help the court in determining if there is a reason to know that the child is an Indian child.

2025H.J.B. v. People in Interest of A-J.A.B., 2023 CO 48, ¶ 5 .

22025–2025
White v. Ainsworth green
colo · 1917
2 sentences

1994In White v. Ainsworth, 62 Colo. 513 , 163 P. 959 (1917), this court upheld the constitutionality of the publication notice provisions of the Torrens Act as applicable to out-of-state residents.

1994In White v. Ainstvorth, 62 Colo. 513 , 163 P. 959 (1917), this court upheld the constitutionality of the publication notice provisions of the Torrens Act as applicable to out-of-state residents.

11994–1994

Statutes the citing opinions construe

CO § Colo. Rev. Stat. § 19-1-126 (3) USC § 25u.s.c.1903 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

PA 156 (1979–2026) IL 138 (1976–2026) NY 133 (1984–2026) TX 110 (1979–2026) CA 51 (1946–2026) FL 38 (1982–2026) MI 26 (1973–2025) WA 20 (1987–2024) TN 20 (1995–2026) AL 13 (1992–2025) MD 9 (1990–2022) VA 9 (1996–2010) NV 7 (1994–2022) NM 7 (2001–2014) ME 7 (1997–2020) MO 7 (1994–2013) LA 7 (1976–2005) CO 6 (1994–2025) GA 6 (1998–2015) IA 6 (1994–2016) NC 6 (1985–2022) OH 6 (1998–2019) AK 5 (1985–1996) IN 5 (1972–2017) MT 5 (1980–2025) MN 4 (1987–1997) UT 4 (2003–2023) CT 4 (1976–2017) MS 4 (2009–2014) SD 3 (1981–2015) AZ 3 (1986–2021) WY 2 (1991–2002) KS 2 (1996–2004) HI 2 (1967–1991) DC 2 (1993–2013) DE 2 (2018–2019) MA 2 (1991–2013) WI 2 (2002–2019) OK 2 (1982–2023)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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