The courts have power to issue all writs necessary and proper to the complete exercise of the power conferred on them by the constitution and laws of this state. The district courts have authority in ne exeat proceedings according to the usual practice in such cases in courts of chancery.
Source: L. 1887: p. 217, § 434. L. 1891: p. 85, § 1. Code 08: § 469. Code 21: § 470. Code 35: § 470. CRS 53: § 37-1-16. C.R.S. 1963: § 37-1-16.
ANNOTATION
The court, in a civil action, has authority to issue a writ of ne exeat to protect the interests of a litigant. Struble v. Hicks, 123 Colo. 16, 224 P.2d 932 (1950) (decided under repealed § 31 of appendix B, R.C.P. Colo., CSA, 1935, which was similar to this section).
C.R.C.P. 106 merely abolished the form and not the substance of the remedial writs such as the writ of ne exeat. A district court still possesses the authority to issue a writ in the nature of ne exeat, which is designed to prevent a person from leaving the court's jurisdiction. In re People ex rel. B.C., 981 P.2d 145 (Colo. 1999).