Title 13, Courts and Court Procedure
0 chapters · 1,119 sections in this title.
Colo. Rev. Stat. § 13-10-101 Legislative declaration
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The general assembly finds that the right to a trial by jury for petty offenses, as defined in section 16-10-109, C.R.S., is of vital concern to all of the people of the state of Colorado and that the interests of the state as a whole are so great that the general assembly shall …
Colo. Rev. Stat. § 13-10-102 Definitions
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As used in this article, unless the context otherwise requires: (1) Municipal court includes police courts and police magistrate courts created or existing under previous laws or under a municipal charter and ordinances. (2) Municipal judges includes police magistrates as defined…
Colo. Rev. Stat. § 13-10-103 Applicability
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This article 10 applies to and governs the operation of municipal courts in the cities and towns of this state. Except for the provisions relating to the method of salary payment for municipal judges; the incarceration of children pursuant to sections 19-2.5-305 and 19-2.5-1511; …
Colo. Rev. Stat. § 13-10-104 Municipal court created - jurisdiction
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The municipal governing body of each city or town shall create a municipal court to hear and try all alleged violations of ordinance provisions of such city or town. Source: L. 69: p. 273, � 1. C.R.S. 1963: � 37-22-2. 13-10-104.5. Municipal court - municipal ordinance - act of do…
Colo. Rev. Stat. § 13-10-104.5 Municipal court - municipal ordinance - act of domestic violence - report - repeal
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(1) If a municipality has a municipal ordinance that criminalizes an act of domestic violence, as defined in section 18-6-800.3, the municipality shall adopt an ordinance establishing: (a) That victims, victims’ families, and witnesses of a violation of an act of domestic violenc…
Colo. Rev. Stat. § 13-10-105 Municipal judge - appointment - removal
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(1) (a) Unless otherwise provided in the charter of a home rule city, the municipal court shall be presided over by a municipal judge who shall be appointed by the municipal governing body for a specified term of not less than two years and who may be reappointed for a subsequent…
Colo. Rev. Stat. § 13-10-106 Qualifications of municipal judges
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(1) A municipal judge shall have the same qualifications as a county judge in a Class D county, as set forth in section 13-6-203 (3). (2) Preference shall be given by the municipal governing body, when possible, to the appointment of a municipal judge who is licensed to practice …
Colo. Rev. Stat. § 13-10-107 Compensation of municipal judges
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(1) The municipal governing body shall provide by ordinance for the salary of the municipal and assistant judges. Such salary shall be a fixed annual compensation and payable on a monthly or other periodic basis. The municipal governing body may pay any substitute judge appointed…
Colo. Rev. Stat. § 13-10-108 Clerk of the municipal court
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(1) The municipal governing body shall establish the position of clerk of the municipal court, except that the municipal judge shall serve as ex officio clerk if the business of the court is insufficient to warrant a separate full-time or part-time clerk. (2) The clerk of the mun…
Colo. Rev. Stat. § 13-10-109 Bond
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(1) The clerk of the municipal court shall give a performance bond in the sum of two thousand dollars, or in such amount as may be set by ordinance, to the city or town for which he is appointed. (2) The performance bond shall be approved by the municipal governing body and be co…
Colo. Rev. Stat. § 13-10-110 Court facilities and supplies
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(1) The municipal governing body shall furnish the municipal court with suitable courtroom facilities and sufficient funds for the acquisition of all necessary books, supplies, and furniture for the proper conduct of the business of the court. (2) In order to carry out the provis…
Colo. Rev. Stat. § 13-10-111 Commencement of actions - process
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(1) Any action or summons brought in any municipal court to recover any fine or enforce any penalty or forfeiture under any ordinance shall be filed in the corporate name of the municipality in which the court is located by and on behalf of the people of the state of Colorado. (2…
Colo. Rev. Stat. § 13-10-111.5 Notice to municipal courts of municipal holds
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(1) If a person is detained in a jail on a municipal hold and does not immediately receive a personal recognizance bond, the jail shall promptly notify the municipal court of any municipal hold; except that, if the municipal hold is the sole basis to detain the person, the jail s…
Colo. Rev. Stat. § 13-10-112 Powers and procedures
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(1) The municipal judge of any municipal court has all judicial powers relating to the operation of his court, subject to any rules of procedure governing the operation and conduct of municipal courts promulgated by the Colorado supreme court. The presiding municipal judge of any…
Colo. Rev. Stat. § 13-10-113 Fines and penalties
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(1) (a) Except as provided in subsection (1)(b) of this section, any person convicted of violating a municipal ordinance in a municipal court of record may be incarcerated for a period not to exceed three hundred sixty-four days or fined an amount not to exceed two thousand six h…
Colo. Rev. Stat. § 13-10-114 Trial by jury
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(1) In any action before municipal court in which the defendant is entitled to a jury trial by the constitution or the general laws of the state, such party shall have a jury upon request. The jury shall consist of three jurors unless, in the case of a trial for a petty offense, …
Colo. Rev. Stat. § 13-10-114.5 Representation by counsel - independent indigent defense - definitions
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(1) At the time of a defendant’s first out-of-custody appearance in municipal court for a violation for which the municipal code allows for a possible sentence of incarceration in the pending matter, the court shall advise the defendant of the defendant’s right to court-appointed…
Colo. Rev. Stat. § 13-10-115 Fines and costs
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All fines and costs collected or received by the municipal court shall be reported and paid monthly, or at such other intervals as may be provided by an ordinance of the municipality, to the treasurer of the municipality and deposited in the general fund of the municipality. Sour…
Colo. Rev. Stat. § 13-10-115.5 Expungement of juvenile delinquent records - definition
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(1) (a) For the purposes of this section, expungement is defined in section 19-1-103. Upon the entry of an expungement order by a municipal court, the person who is the subject of the expunged record may assert that he or she has no juvenile municipal court record. The person who…
Colo. Rev. Stat. § 13-10-116 Appeals
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(1) Appeals may be taken by any defendant from any judgment of a municipal court which is not a qualified municipal court of record to the county court of the county in which such municipal court is located, and the cause shall be tried de novo in the appellate court. (2) Appeals…
Colo. Rev. Stat. § 13-10-117 Time - docket fee - bond
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Appeals may be taken within fourteen days after entry of any judgment of a municipal court. No appeal shall be allowed until the appellant has paid to the clerk of the municipal court one dollar and fifty cents as a fee for preparing the transcript of record on appeal. If the mun…
Colo. Rev. Stat. § 13-10-118 Notice - scope
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(1) Appeals may be taken by filing with the clerk of the municipal court a notice of appeal, in duplicate. The notice of appeal shall set forth the title of the case; the name and address of the appellant and appellant's attorney, if any; identification of the offense or violatio…
Colo. Rev. Stat. § 13-10-119 Certification to appellate court
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Upon payment of the fee provided in section 13-10-117, and filing of notice as provided in section 13-10-118, the original papers in the municipal court file, together with a transcript of the record of the municipal court, and a duplicate notice of appeal shall be certified to t…
Colo. Rev. Stat. § 13-10-120 Bond - approval of sureties - forfeitures
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(1) When an appellant desires to stay the judgment of the municipal court, he shall execute a bond to the municipality in which the municipal court is located, in such penal sum as may be fixed by the municipal court, and in such form and with sureties qualified as the municipali…
Colo. Rev. Stat. § 13-10-121 Conditions of bond - forfeiture - release
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(1) The bond shall be conditioned that the appellant will duly prosecute such appeal and satisfy any judgment that may be rendered upon trial of the case in the appropriate appellate court to which appeal is taken pursuant to section 13-10-116 and that the appellant will surrende…
Colo. Rev. Stat. § 13-10-122 Docket fee - dismissal
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The appellant shall pay a docket fee as provided by law to the clerk of the appellate court, within fourteen days from the date he or she ordered the transcript of record. If he or she does not do so, his or her appeal may be dismissed on motion of the municipality. Source: L. 69…
Colo. Rev. Stat. § 13-10-123 Procedendo on dismissal
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Upon dismissal of an appeal, the clerk of the appellate court shall at once issue a procedendo to the municipal court from the judgment on which appeal was taken, to the amount of the judgment and all costs incurred before the municipal court. Source: L. 69: p. 278, � 1. C.R.S. 1…
Colo. Rev. Stat. § 13-10-124 Action on bond in name of municipality
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Action may be instituted upon any bond under this article in the name of the municipality in whose favor it is executed. Source: L. 69: p. 278, � 1. C.R.S. 1963: � 37-22-22.
Colo. Rev. Stat. § 13-10-125 Judgment
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Upon trial de novo of the case on appeal to the appellate court, if a jury has been demanded, the duties of the jurors shall be to determine only whether the appellant has violated the ordinance charged. Upon a verdict of guilty, the judge shall then hear and consider any materia…
Colo. Rev. Stat. § 13-10-126 Prostitution offender program authorized - reports
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(1) Subject to the provisions of this section, a municipal or county court, or multiple municipal or county courts, may create and administer a program for certain persons who are charged with soliciting for prostitution, as described in section 18-7-202, C.R.S., patronizing a pr…
Colo. Rev. Stat. § 13-10-127 Failure to appear
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(1) A person's failure to appear in person or by counsel at the place and time specified in the summons or summons and complaint, or failure to appear in person or by counsel on any subsequent date, served upon the person must not form the basis of a municipal criminal charge aga…