Narrative Opinion Summary
This case involves an appeal by Isis Litigation, L.L.C. against a trial court's decision that discharged an order compelling Svensk Filmindustri to respond to post-judgment interrogatories under Colorado Rule of Civil Procedure (C.R.C.P.) 69(d). The trial court had previously found Svensk liable for breaching a theater lease guarantee, resulting in a $6.7 million judgment. Post-judgment, Isis served interrogatories to Svensk's registered agent in California, but after the agent's resignation, service was attempted through the California Secretary of State. The trial court ruled this service invalid, prompting Isis's appeal. The appellate court was tasked with determining whether C.R.C.P. 69(d) interrogatories qualify as 'process' and whether service on a registered agent in California was permissible under Colorado law. The court concluded that interrogatories are indeed 'process,' aligning with broader definitions that encompass all legal documents compelling compliance. It affirmed that service on a registered agent outside Colorado is valid, provided the corporation consents to such service as part of its business qualification in California. As a result, the appellate court reversed the trial court's ruling and remanded the case for further proceedings, reaffirming the court's jurisdiction over the corporate defendant for post-judgment inquiries. Judges Rothenberg and Terry concurred with the decision.
Legal Issues Addressed
Extraterritorial Servicesubscribe to see similar legal issues
Application: The court ruled that C.R.C.P. 4(e)(4) permits service on entities recognized in other jurisdictions, such as personal delivery to a registered agent in California.
Reasoning: The court rejects Svensk's argument against the extraterritorial service of C.R.C.P. 69(d) interrogatories, affirming that C.R.C.P. 4(e)(4) permits service on entities recognized in other jurisdictions, including personal delivery to a registered agent.
Jurisdiction Over Corporate Defendantssubscribe to see similar legal issues
Application: The court maintained jurisdiction over Svensk, a corporate defendant, allowing service of post-judgment interrogatories and related orders despite the initial agent's resignation.
Reasoning: Svensk, as a corporate defendant, is already under the court's jurisdiction and has designated an agent for service of process, as authorized by C.R.C.P. 4(e)(4).
Post-Judgment Interrogatories as Processsubscribe to see similar legal issues
Application: The court determined that post-judgment interrogatories under C.R.C.P. 69(d) qualify as 'process' because they impose significant compliance obligations on the debtor, akin to summonses.
Reasoning: The court affirms that these interrogatories qualify as 'process' under the law, as they place the judgment debtor under the court's authority.
Service of Process on Corporationssubscribe to see similar legal issues
Application: Personal service on a corporation's registered agent is valid under C.R.C.P. 45 and 69, even if served outside Colorado, provided that the corporation is recognized in the jurisdiction where service is made.
Reasoning: The court concludes that personal service on a corporation's registered agent is valid under both C.R.C.P. 45 and 69, as C.R.C.P. 69(d) specifies service must align with C.R.C.P. 45's requirements regarding subpoenas.