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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. § 13-16-115 In suit for use of another
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When any suit is commenced in the name of one person to the use of another, the person to whose use the action is brought shall be held liable and bound for the payment of all costs which the plaintiff may be adjudged or bound to pay, to be recovered by civil action. Source: R.S.…
Colo. Rev. Stat. § 13-16-116 Costs in adverse suit
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In all cases where any person makes an application for a patent to any lode, claim, placer claim, millsite, or other mining property under the mining laws of the United States, and any other person claiming adversely to such applicant files an adverse claim in the proper land off…
Colo. Rev. Stat. § 13-16-117 On appeal from decisions in probate
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In all cases of appeal from the decision of a court of probate, the assessment of costs shall be in the discretion of the court in which such appeal is heard. Source: R.S. p. 156, § 17. G.L. § 339. G.S. § 413. R.S. 08: § 1070. C.L. § 6586. CSA: C. 43, § 16. CRS 53: § 33-1-17. C.R…
Colo. Rev. Stat. § 13-16-118 Clerk to tax costs

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The clerk of any court in the state is authorized and required to tax and subscribe all bills of costs arising in any cause or proceeding in the court of which he is clerk, agreeable to the rates which are allowed or specified by law. Source: R.S. p. 156, § 19. G.L. § 341. G.S. §…

Colo. Rev. Stat. § 13-16-119 Costs retaxed - forfeit by clerk

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If any person feels aggrieved by the taxation of any bill of costs, he may apply to the court to have the same retaxed, and, if it appears that the party aggrieved has paid any higher charge than by law is allowed, the court may order that the clerk forfeit all fees allowed to hi…

Colo. Rev. Stat. § 13-16-120 Fee bill - precept - levy and return

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The clerk shall make out a bill of costs as the same have been taxed in any cause against the party liable to pay the same and his security for costs, if any, together with his precept, directed to the sheriff of the proper county, commanding that, if the costs in the said bill o…

Colo. Rev. Stat. § 13-16-122 Items includable as costs

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(1) Whenever any court of this state assesses costs pursuant to any provision of this article, such costs may include: (a) Any docket fee required by article 32 of this title or any other fee or tax required by statute to be paid to the clerk of the court; (b) The jury fees and e…

Colo. Rev. Stat. § 13-16-123 Award of fees and costs to garnishee

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In any action before the court in which a garnishee incurs attorney fees in excess of the cost of preparing and filing his answer, the court may order that the costs of the proceeding, mileage fees as a witness, and reasonable attorney fees be paid to the garnishee when the court…

Colo. Rev. Stat. § 13-16-124 Sheriff's fees charged to judicial department

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Except as provided for by section 13-16-103, in any civil action in which civil process is delivered to a county or city and county sheriff by the judicial department for service of process, the court in which the civil action is pending shall assess as costs against the party or…

Colo. Rev. Stat. § 13-16-125 Limit on supersedeas bond

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(1) In any civil action brought under any legal theory, the amount of a supersedeas bond necessary to stay execution of a judgment granting legal, equitable, or any other relief during the entire course of all appeals or discretionary reviews of the judgment by all appellate cour…

Colo. Rev. Stat. § 13-16-126 Transparency and limitations on third-party litigation funding - unfair or deceptive trade practices - enforcement - definitions

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(1) As used in this section, unless the context otherwise requires: (a) "Attorney" means an attorney, group of attorneys, or law firm that represents a party in a civil action in this state. (b) "Foreign country of concern" means a foreign government listed in 15 CFR 7.4 and incl…

Colo. Rev. Stat. § 13-17-101 Legislative declaration

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The general assembly recognizes that courts of record of this state have become increasingly burdened with litigation which is straining the judicial system and interfering with the effective administration of civil justice. In response to this problem, the general assembly hereb…

Colo. Rev. Stat. § 13-17-101.5 Definitions

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As used in this article 17, unless the context otherwise requires: (1) "Lacked substantial justification" means substantially frivolous, substantially groundless, or substantially vexatious. (2) "Licensed legal paraprofessional" means an individual licensed by the Colorado suprem…

Colo. Rev. Stat. § 13-17-102 Attorney fees - licensed legal paraprofessional

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(1) Subject to the provisions of this section, in any civil action of any nature commenced or appealed in any court of record in this state, the court may award, except as this article otherwise provides, as part of its judgment and in addition to any costs otherwise assessed, re…

Colo. Rev. Stat. § 13-17-103 Procedure for determining reasonable fee - judicial discretion

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(1) In determining the amount of an attorney fee or licensed legal paraprofessional fee award, the court shall exercise sound discretion. When granting an award of attorney fees or licensed legal paraprofessional fees, the court shall specifically set forth the reasons for the aw…

Colo. Rev. Stat. § 13-17-104 Fee arrangements between attorney or licensed legal paraprofessional and client

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The attorney or licensed legal paraprofessional and the client are free to negotiate in private the actual fee that the client is to pay the client's attorney or licensed legal paraprofessional. Source: L. 77: Entire article added, p. 798, § 2, effective July 1. L. 2024: Entire s…

Colo. Rev. Stat. § 13-17-105 Stipulation as to fees

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With the approval of the court, two or more parties to an action may agree, by written stipulation filed with the court or by oral stipulation in open court, to no award of attorney fees or licensed legal paraprofessional fees or an award of attorney fees or licensed legal parapr…

Colo. Rev. Stat. § 13-17-106 Applicability

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This article 17 applies in all cases covered by this article 17 unless attorney fees or licensed legal paraprofessional fees are otherwise specifically provided by statute, in which case the provision allowing the greater award prevails. Source: L. 77: Entire article added, p. 79…

Colo. Rev. Stat. § 13-17-201 Award of reasonable attorney fees in certain cases

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(1) In all actions brought as a result of a death or an injury to person or property occasioned by the tort of any other persons, where any such action is dismissed on motion of the defendant prior to trial under rule 12 (b) of the Colorado rules of civil procedure, such defendan…

Colo. Rev. Stat. § 13-17-202 Award of actual costs and fees when offer of settlement was made

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(1) (a) Notwithstanding any other statute to the contrary, except as provided in section 24-10-106.3, C.R.S., in any civil action of any nature commenced or appealed in any court of record in this state: (I) If the plaintiff serves an offer of settlement in writing at any time mo…

Colo. Rev. Stat. § 13-17-203 Limitation on attorney fees in class action litigation against public entities

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If the plaintiffs prevail in any class action litigation brought against any public entity, as defined in section 24-10-103 (5), C.R.S., the amount of attorney fees which the plaintiffs' attorney is entitled to receive out of any award to the plaintiffs shall be determined by the…

Colo. Rev. Stat. § 13-17-301 Short title

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This part 3 shall be known and may be cited as the "Government Attorney Ethics Act". Source: L. 2003: Entire part added, p. 924, § 1, effective August 6.

Colo. Rev. Stat. § 13-17-302 Legislative declaration

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(1) The general assembly hereby finds, determines, and declares that: (a) In recent years, it has become increasingly common for governmental entities to retain attorneys pursuant to contingent fee contracts and disputes have arisen in several states regarding the amount and prop…

Colo. Rev. Stat. § 13-17-303 Definitions

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As used in this article, unless the context otherwise requires: (1) "Contingent fee" means a fee for legal services that is contingent in whole or in part upon the successful outcome of the matter for which the legal services were retained. (2) "Contingent fee contract" or "contr…

Colo. Rev. Stat. § 13-17-304 Limitation on contingent fees - applicability

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(1) (a) Except as otherwise provided in subsections (2) and (3) of this section, and notwithstanding any other provision of law, a contingent fee contract between a governmental entity and a private attorney shall: (I) Require the private attorney to maintain and provide to the g…

Colo. Rev. Stat. § 13-20-1001 Short title

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This part 10 shall be known and may be cited as the "Colorado Citizens' Access to Colorado Courts Act". Source: L. 2004: Entire part added, p. 401, § 1, effective August 4.

Colo. Rev. Stat. § 13-20-1002 Legislative declaration

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(1) The general assembly finds and declares: (a) The courts of this state are overworked and subject to overloaded dockets; (b) Section 6 of article II of the Colorado constitution guarantees citizens of this state access to the courts of this state; and (c) Cases filed by nonres…

Colo. Rev. Stat. § 13-20-1003 Definitions

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As used in this part 10, unless the context otherwise requires: (1) (a) "Alternative forum" means a functioning governmental division with judicial powers that may provide redress for a claim, without regard to whether the redress provided is equivalent to the redress provided un…

Colo. Rev. Stat. § 13-20-1004 Forum non conveniens

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(1) In any action otherwise properly filed in a court of this state, a motion to dismiss without prejudice under the doctrine of forum non conveniens shall be granted if: (a) The claimant or claimants named in the motion are not residents of the state of Colorado; (b) An alternat…

Colo. Rev. Stat. § 13-20-101 What actions survive

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(1) All causes of action, except actions for slander or libel, shall survive and may be brought or continued notwithstanding the death of the person in favor of or against whom such action has accrued, but punitive damages shall not be awarded nor penalties adjudged after the dea…

Colo. Rev. Stat. § 13-20-102 Effect of repeal

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The repeal of part 3 of this article concerning informed consent to medical procedures shall not have the effect of invalidating any previous judicial decision relating to requirements for informed consent or liability imposed for the lack thereof. Source: L. 77: Entire section a…

Colo. Rev. Stat. § 13-20-1101 Action involving exercise of constitutional rights - motion to dismiss - appeal - legislative declaration - definitions

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(1) (a) The general assembly finds and declares that it is in the public interest to encourage continued participation in matters of public significance and that this participation should not be chilled through abuse of the judicial process. (b) The general assembly finds that th…

Colo. Rev. Stat. § 13-20-1102 Motion to dismiss - appeal - definitions

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(1) As used in this section, unless the context otherwise requires: (a) "Complaint" means a petition or cross-complaint. (b) "Defendant" means a respondent or cross-defendant. (c) "Plaintiff" means a petitioner or cross-complainant. (d) "Protected statement by a victim-survivor" …

Colo. Rev. Stat. § 13-20-1201 Definitions

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As used in this part 12, unless the context otherwise requires: (1) "Actor" means a person accused of committing sexual misconduct. (2) "Agent" means a person who, subject to the control of another person or organization, acts for, or on behalf of, the other person or organizatio…

Colo. Rev. Stat. § 13-20-1202 Civil cause of action for sexual misconduct against a minor - exceptions

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(1) A person who is a victim of sexual misconduct that occurred when the victim was a minor may bring a civil action for damages against: (a) An actor who committed the sexual misconduct; and (b) A managing organization that knew or should have known that an actor or youth-relate…

Colo. Rev. Stat. § 13-20-1203 Limitation on action - retroactive application

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(1) Notwithstanding any other provision of law, a person who was the victim of sexual misconduct that occurred when the victim was a minor and that occurred on or after January 1, 2022, may bring an action pursuant to this part 12 at any time without limitation. (2) A person who …

Colo. Rev. Stat. § 13-20-1204 Waiver of liability void

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Any pre-incident waiver, either for consideration or gratuitously, of a person's right to bring an action pursuant to this part 12 is void as against public policy. Source: L. 2021: Entire part added, (SB 21-088), ch. 442, p. 2926, § 2, effective January 1, 2022.

Colo. Rev. Stat. § 13-20-1205 No contributory negligence - interest on damages - limitation on damages

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(1) Notwithstanding sections 13-21-111 and 13-21-111.5, a court or jury shall not allocate any damages awarded in an action brought pursuant to this part 12 in any proportion against a victim of sexual misconduct. (2) Notwithstanding section 13-21-101, prejudgment interest on a c…

Colo. Rev. Stat. § 13-20-1206 Attorney fees

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Section 13-17-201, which requires an award of attorney fees to defendants in certain actions dismissed prior to trial, does not apply to an action brought pursuant to this part 12. Source: Entire part added, (SB 21-088), ch. 442, p. 2926, § 2, effective January 1, 2022.

Colo. Rev. Stat. § 13-20-1207 Applicability of part to public entities and public employees - damages - no duty to indemnify

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(1) (a) Notwithstanding sections 22-12-104, 24-10-105, 24-10-106, 24-10-108, and 24-10-118, or any other state law that prohibits civil actions against a public employee or public entity, a person may bring a claim alleging liability for injuries arising from sexual misconduct pu…

Colo. Rev. Stat. § 13-20-1301 Actions for tracking a person without consent - definitions

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(1) As used in this section, unless the context otherwise requires: (a) "Actor" means a person who tracks another person through the use of a tracking application or tracking device. (b) "Tracking application" means any software program that permits an actor to remotely determine…

Colo. Rev. Stat. § 13-20-1302 Actions based on sexual orientation or gender identity change efforts - limitation - damages - legislative intent - definitions

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(1) As used in this section, unless the context otherwise requires: (a) "Licensed mental health professional" means a mental health provider who holds or held a valid license, certification, or registration issued pursuant to article 245 of title 12 at the time the sexual orienta…

Colo. Rev. Stat. § 13-20-1303 Action for access to adjoining property to accomplish repairs or maintenance - applicability - definitions

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(1) As used in this section, unless the context otherwise requires: (a) "Adjoining owner" means the owner of real property that adjoins a requesting owner's property and onto which a requesting owner seeks entry. (b) "Refuse" means an adjoining owner's: (I) Denial to the requesti…

Colo. Rev. Stat. § 13-20-201 Legislative declaration

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The remedies provided by law on or before April 27, 1937, for the enforcement of actions based upon alleged alienation of affections, criminal conversation, seduction, and breach of contract to marry have been subjected to grave abuses, caused extreme annoyance, embarrassment, hu…

Colo. Rev. Stat. § 13-20-202 Civil causes abolished

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All civil causes of action for breach of promise to marry, alienation of affections, criminal conversation, and seduction are hereby abolished. Source: L. 37: p. 403, § 1. CSA: C. 24A, § 1. CRS 53: § 41-3-1. C.R.S. 1963: § 41-3-1. ANNOTATION The general assembly has abolished the…

Colo. Rev. Stat. § 13-20-203 Breach of contract to marry not actionable

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No act done within this state shall operate to give rise, either within or without this state, to any of the rights of action abolished by this part 2. No contract to marry made or entered into in this state shall operate to give rise, either within or without this state, to any …

Colo. Rev. Stat. § 13-20-204 Certain contracts made in settlement of claims void

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(1) All contracts and instruments of every kind, name, nature, or description which may be executed within this state in payment, satisfaction, settlement, or compromise of any claim or cause of action abolished or barred by this part 2, whether such claim or cause of action aros…

Colo. Rev. Stat. § 13-20-205 Unlawful to file pleading

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It is unlawful for any person, either as litigant or attorney, to file, cause to be filed, threaten to file, or threaten to cause to be filed in any court of this state any pleading or paper setting forth or seeking to recover upon any cause of action abolished or barred by this …

Colo. Rev. Stat. § 13-20-206 Unlawful to name correspondent

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It is unlawful for any person, either as litigant or attorney, to file, cause to be filed, threaten to file, or threaten to cause to be filed in any court of this state any pleading or paper naming or describing in such manner as to identify any person as correspondent or partici…

Colo. Rev. Stat. § 13-20-207 Correspondent not to be disclosed - cross-examination - effect

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(1) No attorney appearing in any of the proceedings mentioned in section 13-20-206 on behalf of a party thereto asserting misconduct by the adverse party shall ask of any witness any question intended or calculated to disclose the name or identity of any third person charged as c…