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Colorado Supreme Court Opinions
February 6, 2012

2012 CO 4. No. 11SA82. In re Colorado Mills, LLC v. SunOpta Grains and Foods Inc.
Court’s Authority to Enforce Arbitration Subpoenas Against Out-of-State Nonparties.

SunOpta Grains and Foods Inc. sought to enforce arbitration subpoenas against two out-of-state nonparties. The district court erred in enforcing those subpoenas.

The Supreme Court has long held that Colorado courts, as a matter of state sovereignty, have no authority to enforce civil subpoenas against out-of-state nonparties. Instead, such enforcement, if any, is left to the states in which the discovery is to take place. Accordingly, the Court vacated the district court’s enforcement order, made the rule absolute, and remanded the case to the district court for further proceedings. 

2012 CO 5. No. 11SA98. People v. S.X.G.
Interlocutory Appeals in Criminal Cases—Petitions for Review of Magistrate’s Order in Delinquency Cases—Interlocutory Appeals in Delinquency Cases.

In this juvenile delinquency case, the prosecution filed an interlocutory appeal under CRS §§19-2-903(2) and 16-12-102(2), and C.A.R. 4.1, seeking the Supreme Court’s review of a juvenile magistrate’s order suppressing certain statements made by a juvenile during a police interrogation. Because the juvenile magistrate’s suppression order never was reviewed or adopted (with or without modification) by the district court, as is required by CRS §19-1-108(5.5) and C.R.M. 7(a)(10)–(11) before an appeal may be filed, the Court lacked appellate jurisdiction under CRS §§19-2-903(2) and 16-12-102(2) to review the merits of the suppression ruling. Accordingly, the appeal was dismissed.

Colorado Supreme Court Opinions