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Colorado Statutes, Title 13

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Title 13, Courts and Court Procedure

0 chapters · 1,240 sections in this title.

All chapters in Title 131,240 Ch 21121 Ch 167 Ch 2267 Ch 655 Ch 7148 Ch 547 Ch 2046 Ch 9342 Ch 2541 Ch 1031 Ch 4029 Ch 6429 Ch 9029 Ch 227

55 sections·Filtered byTitle 13✕Ch 6✕

Colo. Rev. Stat. § 13-6-101 Establishment
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Pursuant to the provisions of section 1 of article VI of the Colorado constitution, there is hereby established in each county of the state of Colorado a county court. Source: L. 64: p. 409, § 1. C.R.S. 1963: § 37-13-1. ANNOTATION Law reviews. For article, "Colorado's New Court S…
Colo. Rev. Stat. § 13-6-102 Court of record
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Each county court shall be a court of record, with such powers as are inherent in constitutionally created courts. Source: L. 64: p. 409, § 2. C.R.S. 1963: § 37-13-2. ANNOTATION County court records are entitled to the same presumptions as those of district courts. The county cou…
Colo. Rev. Stat. § 13-6-103 Statewide jurisdiction
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The jurisdiction of the county court shall extend to all cases which arise within the boundaries of this state or are subject to its judicial power and which are within the limitations imposed by this article, but the exercise of this jurisdiction is subject to restrictions of ve…
Colo. Rev. Stat. § 13-6-104 Original civil jurisdiction
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(1) On and after January 1, 2019, the county court shall have concurrent original jurisdiction with the district court in civil actions, suits, and proceedings in which the debt, damage, or value of the personal property claimed does not exceed twenty-five thousand dollars, inclu…

Colo. Rev. Stat. § 13-6-105 Specific limits on civil jurisdiction

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(1) The county court has no civil jurisdiction except the jurisdiction that is specifically conferred upon it by law. In particular, the county court has no jurisdiction over the following matters: (a) Matters of probate; (b) Matters of mental health, including certification, res…

Colo. Rev. Stat. § 13-6-106 Original criminal jurisdiction

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(1) The county court shall have concurrent original jurisdiction with the district court in the following criminal matters: (a) Criminal actions for the violation of state laws which constitute misdemeanors or petty offenses, except those actions involving children over which the…

Colo. Rev. Stat. § 13-6-201 Classification of counties

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(1) For such organizational and administrative purposes concerning county courts as are specified in this part 2, counties shall be classified as provided in subsection (2) of this section. The classifications established in this section shall not have any effect upon any classif…

Colo. Rev. Stat. § 13-6-202 Number of judges

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(1) There is one county judge in each county, except that: (a) Subject to available appropriations, the number of county judges in the county of Jefferson is nine; (b) Subject to available appropriations, the number of county judges in the county of El Paso is ten; (c) Subject to…

Colo. Rev. Stat. § 13-6-203 Qualifications of judges

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(1) The county judge shall be a qualified elector of the county for which he is elected or appointed and shall reside there so long as he serves as county judge. (2) In counties of Class A and B, no person shall be eligible for election or appointment to the office of county judg…

Colo. Rev. Stat. § 13-6-204 Activities of judges

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(1) In counties of Class A and B, county judges shall devote their full time to judicial duties and shall not engage in the private practice of law. They may also serve as municipal judges in counties of Class A but may not do so in counties of Class B. (2) In counties of Class C…

Colo. Rev. Stat. § 13-6-205 Term and appointment of judges

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The term of office of county judges shall be four years. County judge appointments shall be made pursuant to section 20 of article VI of the state constitution. This section shall not apply to the city and county of Denver, and the term of office and manner of selection of county…

Colo. Rev. Stat. § 13-6-206 Vacancies

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(1) If the office of a county judge, except in the city and county of Denver, becomes vacant because of death, resignation, failure to be retained in office pursuant to section 25 of article VI of the state constitution, or other cause, the governor, as provided in section 20 of …

Colo. Rev. Stat. § 13-6-208 Special associate, associate, and assistant county judges

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(1) In order to provide for the expeditious handling of county court business and for county court sessions in population centers which are not county seats, there may be created in counties designated by law the positions of special associate county judge, associate county judge…

Colo. Rev. Stat. § 13-6-209 Special associate and associate county judges - designated counties

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(1) In the county of Montrose there shall be an associate county judge who shall maintain his or her official residence in Montrose county and court chambers in that portion of Montrose county that is included in the southwestern water conservation district as set forth and descr…

Colo. Rev. Stat. § 13-6-211 Appointment of clerk

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(1) (a) The position of clerk of the county court is established in counties of Classes A, B, C, and D, except as otherwise provided in this section and in section 13-3-107. (b) In counties of Class A, the appointment of the clerk shall be made and his salary fixed as prescribed …

Colo. Rev. Stat. § 13-6-212 Duties of clerk

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(1) The powers and duties of the clerk of the county court shall be similar to the powers and duties of the clerk of the district court exclusive of the powers of the district court clerk in probate and shall include such duties as may be assigned to him by law, by court rules, a…

Colo. Rev. Stat. § 13-6-214 Other employees

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(1) In counties of Class A, such deputy clerks, assistants, reporters, stenographers, and bailiffs as shall be necessary for the transaction of the business of the county court may be appointed and their compensation fixed in the manner provided in the charter and ordinances ther…

Colo. Rev. Stat. § 13-6-215 Presiding judges

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In each county court which has more than one county judge, the court, by rule, shall provide for the designation of a presiding judge. If there is a failure to select a presiding judge by rule, the chief justice shall designate a presiding judge. Source: L. 64: p. 418, § 24. C.R.…

Colo. Rev. Stat. § 13-6-216 Judges to sit separately

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In each county court which has more than one county judge, each judge shall sit separately for the trial of cases and the transaction of judicial business, and each court so held shall be known as the county court of the county wherein held. Each judge shall have all of the power…

Colo. Rev. Stat. § 13-6-217 Judges may sit en banc

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In each county court which has more than one judge, the court may sit en banc for the purpose of making rules of court, the appointment of a clerk and other employees, pursuant to section 13-3-105, and the conduct of other business relating to the administration of the court, as …

Colo. Rev. Stat. § 13-6-218 Assignment of county judges and retired county judges to other courts authorized

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Any county judge or retired county judge who has been licensed to practice law in this state for five years may be assigned by the chief justice of the supreme court, pursuant to section 5 (3) of article VI of the state constitution, to perform judicial duties in any district cou…

Colo. Rev. Stat. § 13-6-219 Judge as party to a case - recusal of judge upon motion

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(1) If a judge or former judge of a county court is a party in his or her individual and private capacity in a case that is to be tried within any county court in the same judicial district in which the judge or former judge is or was a judge of a county court, any party to the c…

Colo. Rev. Stat. § 13-6-301 Court rules

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Each county court possesses the power to make rules for the conduct of its business to the extent that such rules are not in conflict with the rules of the supreme court or the laws of the state, but are supplementary thereto. In each county court which has more than one judge, o…

Colo. Rev. Stat. § 13-6-302 Terms of court

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Terms of the county court shall be fixed by rule of the court in each county; except that at least one term shall be held in each county in each year. Source: L. 64: p. 419, § 28. C.R.S. 1963: § 37-15-2.

Colo. Rev. Stat. § 13-6-303 Place of holding court

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In each county, the county court shall sit at the county seat, and the county court by rule or order also may provide for hearing and trials to be held in locations other than the county seat. In particular, if the corporate limits of a municipality extend into two counties, the …

Colo. Rev. Stat. § 13-6-304 Court facilities

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The county commissioners shall provide court facilities at the county seat and are authorized to do so elsewhere. Such facilities may be provided by arrangement with municipal authorities, by rental, or by other appropriate means. Source: L. 64: p. 419, § 30. C.R.S. 1963: § 37-15…

Colo. Rev. Stat. § 13-6-305 Maintenance of records

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(1) Permanent records of the county court shall be maintained at the office of the clerk of the court at the county seat. (2) (a) If the county court sits regularly at a location other than the county seat, and the court so provides by rule, cases may be docketed at such location…

Colo. Rev. Stat. § 13-6-306 Seal

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The county court of each county shall have an appropriate seal. Source: L. 64: p. 420, § 32. C.R.S. 1963: § 37-15-6.

Colo. Rev. Stat. § 13-6-307 Process

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(1) Each county court shall have the power to issue process necessary to acquire jurisdiction, to require attendance, and to enforce all orders, decrees, and judgments. Such process runs to any county within the state and, when authorized by the Colorado rules of civil procedure,…

Colo. Rev. Stat. § 13-6-308 Juries

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(1) When required, juries shall be selected and summoned as provided for courts of record in articles 71 to 74 of this title, with such exceptions as are provided in this section. With the consent of the district court and the jury commissioners, the county court may, if feasible…

Colo. Rev. Stat. § 13-6-309 Verbatim record of proceedings

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A verbatim record of the proceedings and evidence at trials in the county court shall be maintained by electronic devices or by stenographic means, as the judge of the court may direct, except when such record may be unnecessary in certain proceedings pursuant to specific provisi…

Colo. Rev. Stat. § 13-6-310 Appeals from county court

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(1) Appeals from final judgments and decrees of the county courts shall be taken to the district court for the judicial district in which the county court entering such judgment is located. Appeals shall be based upon the record made in the county court. (2) The district court sh…

Colo. Rev. Stat. § 13-6-311 Appeals from county court - simplified procedure

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(1) (a) If either party in a civil action believes that the judgment of the county court is in error, he or she may appeal to the district court by filing notice of appeal in the county court within fourteen days after the date of entry of judgment and by filing within the said f…

Colo. Rev. Stat. § 13-6-401 Legislative declaration

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The general assembly hereby finds and declares that individuals, partnerships, corporations, and associations frequently do not pursue meritorious small civil claims because of the disproportion between the expense and time of counsel and litigation and the amount of money or pro…

Colo. Rev. Stat. § 13-6-402 Establishment of small claims division

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There is hereby established in each county court a division designated as the small claims court. Source: L. 76: Entire part added, p. 517, § 1, effective October 1.

Colo. Rev. Stat. § 13-6-403 Jurisdiction of small claims court - limitations

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(1) (a) The small claims court has concurrent original jurisdiction with the county and district courts in all civil actions in which the debt, damage, or value of the personal property claimed by either the plaintiff or the defendant, exclusive of interest and costs, does not ex…

Colo. Rev. Stat. § 13-6-404 Clerk of the small claims court

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The clerk of the county court or a deputy designated by said clerk shall act as the clerk of the small claims court. The clerk of the small claims court shall provide such assistance as may be requested by any person regarding the jurisdiction, operations, and procedures of the s…

Colo. Rev. Stat. § 13-6-405 Magistrate in small claims court

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(1) In the following circumstances, a magistrate may hear and decide claims in a small claims court: (a) In Class A counties, as defined in section 13-6-201, magistrates for small claims may be appointed by the presiding judge. (b) In Class B counties, as defined in section 13-6-…

Colo. Rev. Stat. § 13-6-406 Schedule of hearings

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The small claims court shall conduct hearings at such times as the judge or magistrate may determine or as the supreme court may order. Source: L. 76: Entire part added, p. 518, § 1, effective October 1. L. 91: Entire section amended, p. 356, § 11, effective April 9.

Colo. Rev. Stat. § 13-6-407 Parties - representation

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(1) Any natural person, corporation, partnership, association, or other organization may commence or defend an action in the small claims court, but no assignee or other person not a real party to the transaction which is the subject of the action may commence an action therein, …

Colo. Rev. Stat. § 13-6-408 Counterclaims exceeding jurisdiction of small claims court - procedures - sanctions for improper assertion

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Counterclaims exceeding the jurisdiction of the small claims court shall be removed to the county or district court of appropriate jurisdiction pursuant to rule of the supreme court. If a county or district court determines that a plaintiff who originally filed a claim in the sma…

Colo. Rev. Stat. § 13-6-409 Trial procedure

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The judge or magistrate shall conduct the trial in such manner as to do justice between the parties and shall not be bound by formal rules or statutes of procedure or pleading or the technical rules of evidence, except for rules promulgated by the supreme court controlling the co…

Colo. Rev. Stat. § 13-6-410 Appeal of a claim

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A record shall be made of all small claims court proceedings, and either the plaintiff or the defendant may appeal pursuant to county court rules. Upon appeal, all provisions of law and rules concerning appeals from the county court shall apply, including right to counsel. A tape…

Colo. Rev. Stat. § 13-6-411 Limitation on number of claims filed

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(1) No plaintiff may file more than two claims per month, eighteen claims per year, in the small claims court of any county. Each claim filed in any small claims court shall contain a certification by the plaintiff that the plaintiff has not filed any more than two claims during …

Colo. Rev. Stat. § 13-6-411.5 Place of trial

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(1) Except as provided in subsection (2) of this section, all actions in the small claims court shall be brought in the county in which any defendant at the time of filing of the claim resides, is regularly employed, is a student at an institution of higher education, or has an o…

Colo. Rev. Stat. § 13-6-412 Notice to public

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The clerk of the small claims court shall publicize in an appropriate manner the existence of the small claims court, its procedures, and its hours of operation. Such publication shall be made so as to bring the court's existence to the attention of the entire community. The stat…

Colo. Rev. Stat. § 13-6-413 Supreme court shall promulgate rules

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The supreme court shall implement this part 4 by appropriate rules of procedure for the small claims court. Source: L. 76: Entire part added, p. 520, § 1, effective October 1.

Colo. Rev. Stat. § 13-6-414 No jury trial

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There shall be no right to a trial by jury in the small claims court. Source: L. 76: Entire part added, p. 520, § 1, effective October 1.

Colo. Rev. Stat. § 13-6-415 Service of process

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Every defendant shall be notified that an action has been filed against that defendant in the small claims court either by certified mail, return receipt requested, or by personal service of process, as provided by the rules of procedure for the small claims court. The clerk of t…

Colo. Rev. Stat. § 13-6-416 Facilities

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No county shall be required to furnish new facilities pursuant to this part 4. Source: L. 76: Entire part added, p. 520, § 3, effective October 1.