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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

1,240 sections·Filtered byTitle 13✕

Colo. Rev. Stat. § 13-100-103 Office of administrative services for independent agencies - created - repeal
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(1) There is created in the judicial department the office of administrative services for independent agencies to act as an independent agency that provides centralized administrative and fiscal support services for the included agencies. (2) (a) On or before June 30, 2025, the o…
Colo. Rev. Stat. § 13-100-104 Budget requests and annual statewide compensation adjustments
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(1) (a) The office shall submit a single, consolidated base budget, pursuant to the requirements of section 2-3-208, that includes the base budget information from each included agency, if provided. (b) The office shall submit a single, consolidated budget request, pursuant to th…
Colo. Rev. Stat. § 13-14.5-101 Short title
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The short title of this article 14.5 is the "Deputy Zackari Parrish III Violence Prevention Act". Source: L. 2023: Entire article R&RE, (SB 23-170), ch. 124, p. 461, § 1, effective April 28.
Colo. Rev. Stat. § 13-14.5-102 Definitions
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As used in this article 14.5, unless the context otherwise clearly requires: (1) "Community member" means: (a) A licensed health-care professional or mental health professional who, through a direct professional relationship, provided care to the respondent or the respondent's ch…

Colo. Rev. Stat. § 13-14.5-103 Temporary extreme risk protection orders

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(1) (a) A family or household member of the respondent, a community member, an institutional petitioner, or a law enforcement officer or agency may request a temporary extreme risk protection order without notice to the respondent by including in the petition for the extreme risk…

Colo. Rev. Stat. § 13-14.5-104 Petition for extreme risk protection order

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(1) (a) A petition for an extreme risk protection order may be filed by a family or household member of the respondent, a community member, an institutional petitioner, or a law enforcement officer or agency. If the petition is filed by a law enforcement officer or agency, a coun…

Colo. Rev. Stat. § 13-14.5-105 Hearings on petition - grounds for order issuance

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(1) (a) Upon filing of the petition, the court shall order a hearing to be held and provide a notice of hearing to the respondent. The court must provide the notice of the hearing no later than one court day after the date of the extreme risk protection order petition. The court …

Colo. Rev. Stat. § 13-14.5-106 Service of protection orders

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(1) An extreme risk protection order issued pursuant to section 13-14.5-105 must be served personally upon the respondent, except as otherwise provided in this article 14.5. (2) The law enforcement agency in the jurisdiction where the respondent resides shall serve the respondent…

Colo. Rev. Stat. § 13-14.5-107 Termination or renewal of protection orders

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(1) Termination. (a) The respondent may submit one written request for a hearing to terminate an extreme risk protection order issued pursuant to this article 14.5 for the period that the order is in effect. Upon receipt of the request for a hearing to terminate an extreme risk p…

Colo. Rev. Stat. § 13-14.5-108 Surrender of a firearm

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(1) (a) Upon issuance of an extreme risk protection order pursuant to this article 14.5, including a temporary extreme risk protection order, the court shall order the respondent to surrender all firearms by: (I) Selling or transferring possession of the firearm to a federally li…

Colo. Rev. Stat. § 13-14.5-109 Firearms - return - disposal

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(1) If an extreme risk protection order or temporary extreme risk protection order is terminated or expires without renewal, a law enforcement agency holding any firearm that has been surrendered pursuant to section 13-14.5-108 or taken custody of pursuant to section 16-3-301.5, …

Colo. Rev. Stat. § 13-14.5-110 Reporting of extreme risk protection orders

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(1) The court clerk shall enter any extreme risk protection order or temporary extreme risk protection order issued pursuant to this article 14.5 into a statewide judicial information system on the same day the order is issued. (2) The court clerk shall forward a copy of an extre…

Colo. Rev. Stat. § 13-14.5-111 Penalties

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Any person who has in the person's custody, possession, or control a firearm, or purchases, possesses, or receives a firearm with knowledge that the person is prohibited from doing so by an extreme risk protection order or temporary extreme risk protection order issued pursuant t…

Colo. Rev. Stat. § 13-14.5-112 Other authority retained

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This article 14.5 does not affect the ability of a law enforcement officer to remove a firearm or concealed carry permit from a person or conduct a search and seizure for any firearm pursuant to other lawful authority. Source: L. 2023: Entire article R&RE, (SB 23-170), ch. 124, p…

Colo. Rev. Stat. § 13-14.5-113 Liability

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(1) Except as provided in section 13-14.5-111, this article 14.5 does not impose criminal, administrative, or civil liability on any person, including a community member, an institutional petitioner, or entity for acts or omissions made in good faith related to obtaining an extre…

Colo. Rev. Stat. § 13-14.5-114 Instructional and informational material - definition

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(1) (a) The state court administrator shall develop standard petitions and extreme risk protection order forms and temporary extreme risk protection order forms in more than one language consistent with state judicial department practices. The standard petition and order forms mu…

Colo. Rev. Stat. § 13-14.5-115 Effect of previous issued orders

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The enactment of SB 23-170 and the provisions of this article 14.5 authorizing the court to enter an order pursuant to section 13-14.5-103 or 13-14.5-104 do not limit, change, void, or otherwise impact an extreme risk protection order entered by the court pursuant to this article…

Colo. Rev. Stat. § 13-14.5-116 Severability

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If any provision of this article 14.5 or the application thereof to any person or circumstance is held invalid, such invalidity does not affect other provisions or applications of this article 14.5 that can be given effect without the invalid provision or application, and to this…

Colo. Rev. Stat. § 13-17.5-101 Legislative declaration

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(1) The general assembly declares that the state has a strong interest in limiting substantially frivolous, groundless, or vexatious inmate lawsuits that impose an undue burden on the state judicial system. While recognizing an inmate's right to access the courts for relief from …

Colo. Rev. Stat. § 13-17.5-102 Definitions

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As used in this article only: (1) "Civil action" means the filing of a complaint, petition, writ, or motion with any court within the state, including any appellate court; except that "civil action" does not include any criminal action or an action for habeas corpus under article…

Colo. Rev. Stat. § 13-17.5-102.3 Exhaustion of remedies

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(1) No inmate shall bring a civil action based upon prison conditions under any statute or constitutional provision until all available administrative remedies have been exhausted in a timely fashion by the entity operating the detaining facility and inmate. For purposes of this …

Colo. Rev. Stat. § 13-17.5-102.7 Successive claims

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(1) No inmate who on three or more occasions has brought a civil action based upon prison conditions that has been dismissed on the grounds that it was frivolous, groundless, or malicious or failed to state a claim upon which relief may be granted or sought monetary relief from a…

Colo. Rev. Stat. § 13-17.5-103 Filing fees

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(1) An inmate who seeks to proceed in any civil action without prepayment of fees, in addition to filing any required affidavit, shall submit a copy of the inmate's account statement for the six-month period immediately preceding the filing of the civil action, certified by an ap…

Colo. Rev. Stat. § 13-17.5-104 Stay of state judicial proceedings

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If the court determines, during the course of a state civil action by an inmate against any public defendant, that a federal civil action or grievance procedure is pending that involves the inmate and any of the same issues raised in the state civil action, the court shall stay t…

Colo. Rev. Stat. § 13-17.5-105 Proceedings before magistrate

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As provided by sections 13-5-201 and 13-6-501, district and county court magistrates may preside over inmate motions filed pursuant to section 13-16-103 and motions filed pursuant to the Colorado rules of civil procedure to dispose of the inmate's action without the necessity of …

Colo. Rev. Stat. § 13-17.5-106 Assessment of costs and attorney fees - review of inmate spending from account - recovery of costs from inmate accounts - alternative sanctions - continuing garnishment authorized

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(1) (a) In any action based upon prison conditions brought under any statute or constitutional provision, if attorney fees are recoverable pursuant to any state or federal statute, no attorney fees shall be awarded to an inmate, except to the extent that: (I) The fees were direct…

Colo. Rev. Stat. § 13-17.5-106.5 Court-ordered payment

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Any compensatory damages awarded to an inmate in connection with a civil action brought against any federal, state, or local jail, prison, or facility or against any official or agent of a jail, prison, or facility, after deduction for any award of attorney fees pursuant to secti…

Colo. Rev. Stat. § 13-17.5-107 Construction of article - severability

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Nothing in this article shall be construed to impede an inmate's constitutional right of access to the courts. If any provision of this section or the application thereof to any person or circumstances is held invalid or unconstitutional, such invalidity or unconstitutionality sh…

Colo. Rev. Stat. § 13-17.5-108 Teleconferenced hearings

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The department of law, the department of corrections, and the state judicial department shall cooperate to determine the cost of and actively pursue federal funding and contributions from any public or private entity for the purpose of developing, implementing, and maintaining a …

Colo. Rev. Stat. § 13-40.1-101 Removal of unauthorized persons - definitions

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(1) As used in this article 40.1, unless the context otherwise requires: (a) "Residential premises" means a dwelling unit, the structure of which the unit is a part, and any immediately surrounding property that is owned by or subject to the exclusive control of the same person a…

Colo. Rev. Stat. § 13-40.1-102 Unauthorized alteration or damage of a residential property

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(1) If a person's conduct satisfies all of the elements of section 18-4-501, the person who is removed from a residential property pursuant to section 13-40.1-101 and who knowingly damages the real or personal property of one or more other persons may have committed criminal misc…

Colo. Rev. Stat. § 13-50.5-101 Short title

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This article shall be known and may be cited as the "Uniform Contribution Among Tortfeasors Act". Source: L. 77: Entire article added, p. 808, § 1, effective July 1. ANNOTATION Law reviews. For article, "Immunity to Direct Action: Is it a Defense to a Contribution Claim?", see 52…

Colo. Rev. Stat. § 13-50.5-102 Right to contribution - contract or agreement provision to indemnify or hold harmless void against public policy

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(1) Except as otherwise provided in this article, where two or more persons become jointly or severally liable in tort for the same injury to person or property or for the same wrongful death, there is a right of contribution among them even though judgment has not been recovered…

Colo. Rev. Stat. § 13-50.5-103 Pro rata shares

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The relative degrees of fault of the joint tortfeasors shall be used in determining their pro rata shares. Source: L. 77: Entire article added, p. 809, § 1, effective July 1. L. 86: Entire section amended, p. 681, § 2, effective July 1. ANNOTATION Law reviews. For comment, "Multi…

Colo. Rev. Stat. § 13-50.5-104 Enforcement

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(1) Whether or not judgment has been entered in an action against two or more tortfeasors for the same injury or wrongful death, contribution may be enforced by separate action. (2) Where a judgment has been entered in an action against two or more tortfeasors for the same injury…

Colo. Rev. Stat. § 13-50.5-105 Release or covenant not to sue

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(1) When a release or a covenant not to sue or not to enforce judgment is given in good faith to one of two or more persons liable in tort for the same injury or the same wrongful death: (a) It does not discharge any of the other tortfeasors from liability for their several pro r…

Colo. Rev. Stat. § 13-50.5-106 Uniformity of interpretation

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This article shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states that enact it. Source: L. 77: Entire article added, p. 810, § 1, effective July 1. JUDGMENTS AND EXECUTIONS

Colo. Rev. Stat. § 13-51.5-101 Scope and purpose of article

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This article applies to judicial review of local land use decisions in cases where it is alleged that a governmental body or officer or any lower judicial body exercising judicial or quasi-judicial functions has exceeded its jurisdiction or abused its discretion and there is no p…

Colo. Rev. Stat. § 13-51.5-102 Definitions

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As used in this article, unless the context otherwise requires: (1) "Development permit" means any zoning permit, subdivision approval, certification, special exception, variance, or any other similar action of a governmental entity that has the effect of authorizing the developm…

Colo. Rev. Stat. § 13-51.5-103 Request for administrative record - certification - time limits

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(1) Unless the court specifically orders otherwise upon a showing of good cause for delay, a defendant governmental body or officer shall file the record pursuant to rule 106 (a)(4)(III), C.R.C.P., or any successor rule thereto within thirty-five days after the filing of the comp…

Colo. Rev. Stat. § 13-51.5-104 Request for judicial review of local land use decisions - attorney fees - effect of filing action - good faith reliance

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(1) (a) The court shall award reasonable attorney fees to a prevailing governmental entity in any action for judicial review of a local land use decision involving residential use with a net project density of five dwelling units per acre or more brought pursuant to this article …

Colo. Rev. Stat. § 13-54.5-101 Definitions

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As used in this article 54.5, unless the context otherwise requires: (1) "Continuing garnishment" means any procedure for payment of a judgment debt by withholding earnings to which a judgment debtor becomes entitled for the duration of the writ of continuing garnishment. (2) (a)…

Colo. Rev. Stat. § 13-54.5-102 Continuing garnishment - creation of lien

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(1) In addition to garnishment proceedings otherwise available pursuant to the laws of this state in any case in which a money judgment is obtained in a court of competent jurisdiction, the judgment creditor or its assignees are entitled, on notice to the judgment debtor required…

Colo. Rev. Stat. § 13-54.5-103 Property or earnings subject to garnishment

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(1) Repealed. (2) Any indebtedness, intangible personal property, or tangible personal property capable of manual delivery, other than earnings, owned by the judgment debtor and in the possession and control of the garnishee at the time of service of the writ of garnishment upon …

Colo. Rev. Stat. § 13-54.5-104 Priority between multiple garnishments

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(1) (a) Only one writ of continuing garnishment against earnings due the judgment debtor shall be satisfied at one time. When more than one writ of continuing garnishment has been issued against earnings due the same judgment debtor, they shall be satisfied in the order of servic…

Colo. Rev. Stat. § 13-54.5-105 Notice to judgment debtor in continuing garnishment

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(1) In the case of a continuing garnishment, the writ of garnishment must be served on the garnishee in accordance with rule 4 of the Colorado rules of civil procedure. (2) The writ of garnishment pursuant to subsection (1) of this section must include: (a) The name of the judgme…

Colo. Rev. Stat. § 13-54.5-106 Notice to judgment debtor in other garnishment

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(1) In a case where personal property of the judgment debtor other than earnings is subject to garnishment, following the service of the writ of garnishment on the garnishee, the person who served said writ shall, as soon as practicable, serve a copy of the writ of garnishment, t…

Colo. Rev. Stat. § 13-54.5-107 Service of notice upon judgment debtor

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(1) In a case of continuing garnishment, the garnishee shall deliver a copy of the writ of garnishment and notices required by section 13-54.5-105 to the judgment debtor in accordance with the provisions of section 13-54.5-105 (5)(b)(II). (2) (a) In cases other than a continuing …

Colo. Rev. Stat. § 13-54.5-108 Judgment debtor to file written objection or claim of exemption

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(1) (a) In a case of continuing garnishment where the judgment debtor objects to the calculation of the amount of exempt earnings, the judgment debtor shall have seven days from receipt of the copy of the writ of continuing garnishment required by section 13-54.5-105 within which…

Colo. Rev. Stat. § 13-54.5-108.5 Garnishee not required to assert exemption

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A garnishee shall not be required to deduct, set up, or plead any exemption for or on behalf of a judgment debtor, except as set forth in the writ. Source: L. 2006: Entire section added, p. 579, § 1, effective July 1.