Title 13, Courts and Court Procedure

When any person not being committed or detained for any criminal or supposed criminal matter is confined or restrained of his liberty under any color or pretense whatever, he may proceed by appropriate action as prescribed by the Colorado rules of civil procedure in the nature of…

(1) Upon the return of the writ of habeas corpus, a day shall be set for the hearing of the cause of imprisonment or detainer not exceeding five days thereafter, unless the prisoner requests a longer time. The prisoner may deny any of the material facts set forth in the return or…

When a habeas corpus is issued to bring the body of any prisoner committed as aforesaid, unless the court issuing the same deems it wholly unnecessary and useless, the court shall issue a subpoena to the sheriff of the county where said person is confined, commanding him to summo…

On the hearing of any habeas corpus, it is the duty of the court who hears the same to examine the witnesses aforesaid, and such other witnesses as the prisoner may request, touching any offense named in the warrant of commitment whether or not said offense is technically set out…

(1) When any person is admitted to bail on habeas corpus, he shall enter into recognizance with one or more securities in such sum as the court directs, having regard to the circumstances of the prisoner and the nature of the offense, conditioned upon his appearance at the distri…

When any prisoner brought up on a habeas corpus is remanded to prison, it is the duty of the court remanding him to make out and deliver to the sheriff, or other person to whose custody he is remanded, an order in writing stating the cause of remanding him. If such prisoner obtai…

It is unlawful for any court, on a second writ of habeas corpus obtained by the prisoner to discharge the prisoner if he is clearly and specifically charged in the warrant of commitment with a criminal offense; but the court on the return of such second writ has power only to adm…

(1) No person who has been discharged by order of a court on a habeas corpus shall be again imprisoned, restrained, or kept in custody for the same cause, unless he is afterwards indicted for the same offense or unless by the legal order or process of the court wherein he is boun…

To prevent any person from avoiding or delaying his trial, it is unlawful to remove any prisoner on habeas corpus under this article out of the county in which he is confined within fifteen days next preceding the date certain set for trial except if it is to convey him into the …

Any person committed to any prison or in the custody of any officer, sheriff, jailer, keeper, or other person, or his underofficer or deputy, for any criminal or supposed criminal matter shall not be removed from the prison or custody into any other prison or custody, unless it i…

Any judge of a court empowered by this article to issue writs of habeas corpus who corruptly refuses to issue such writ when legally applied for in a case where such writ may lawfully issue or who, for the purpose of oppression, unreasonably delays the issuing of such writ shall …

If any officer, sheriff, jailer, keeper, or other person to whom any such writ is directed neglects or refuses to make the returns or to bring the body of the prisoner according to the command of said writ within the time required by this article, such officer, sheriff, jailer, k…

Anyone having a person in his or her custody or under his or her restraint, power, or control for whose relief a writ of habeas corpus is issued who, with the intent to avoid the effect of such writ, transfers such person to the custody, or places him or her under the control, of…

Source: R.S. p. 357, � 14. G.L. � 1336. G.S. � 1622. R.S. 08: � 2932. C.L. � 6500. CSA: C. 77, � 15. CRS 53: � 65-1-15. C.R.S. 1963: � 65-1-15. L. 91: Entire section repealed, p. 428, � 1, effective May 24.

Any person, knowing that another has been discharged by order of a competent tribunal on a habeas corpus, who, contrary to the provisions of this article, arrests or detains him again, for the same cause which was shown on the return of such writ, shall forfeit five hundred dolla…

All pecuniary forfeitures under this article shall inure to the use of the party for whose benefit the writ of habeas corpus issued and shall be sued for and recovered, with costs, in the name of the state by every person aggrieved. Source: R.S. p. 357, � 16. G.L. � 1338. G.S. � …

The recovery of the said penalties shall not be a bar to a civil suit for damages. Source: R.S. p. 358, � 18. G.L. � 1340. G.S. � 1626. R.S. 08: � 2936. C.L. � 6504. CSA: C. 77, � 19. CRS 53: � 65-1-18. C.R.S. 1963: � 65-1-18. 13-45-119. Writ to testify or be surrendered - run to…

The supreme and district courts within this state have power to issue writs of habeas corpus to bring the body of any person confined in any jail before them to testify or to be surrendered in discharge of bail. When a writ of habeas corpus is issued to bring into court any perso…

Source: L. 1879: p. 84, � 1. G.S. � 1628. R.S. 08: � 2938. CSA: C. 77, � 21. CRS 53: � 65-1-20. C.R.S. 1963: � 65-1-20. L. 75: Entire section repealed, p. 209, � 23, effective July 16.

Source: L. 1879: p. 84, � 2. G.S. � 1629. R.S. 08: � 2939. C.L. � 6507. CSA: C. 77, � 22. CRS 53: � 65-1-21. C.R.S. 1963: � 65-1-21. L. 75: Entire section repealed, p. 209, � 23, effective July 16. JOINT RIGHTS AND OBLIGATIONS

All joint obligations and covenants shall be taken and held to be joint and several obligations and covenants. Source: R.S. p. 368, � 3. G.L. � 1408. G.S. � 1834. R.S. 08: � 3604. C.L. � 5124. CSA: C. 92, � 4. CRS 53: � 76-1-1. C.R.S. 1963: � 76-1-1.

A creditor of joint debtors may release one or more of such debtors, and such release shall operate as a full discharge of such debtor so released, but such release shall not release or discharge or affect the liability of the remaining debtor. Such release shall be taken and hel…

In case one or more joint debtors are released, no one of the remaining debtors shall be liable for more than his proportionate share of the indebtedness, unless he is the principal debtor and the debtor released was his surety, in which case the principal debtor is liable for th…

Nothing in sections 13-50-102 to 13-50-104 affects or changes the right of a surety who has paid his proportionate share of an indebtedness of recovering the same from his principal debtor. Source: L. 1899: p. 239, � 3. R.S. 08: � 3607. C.L. � 5127. CSA: C. 92, � 7. CRS 53: � 76-…

A partnership or other unincorporated association may sue or be sued in an action in its common name to enforce for or against it a substantive right; except that in such action only the property of the partnership or other unincorporated association, the joint property of the as…

This article shall be known and may be cited as the Uniform Declaratory Judgments Law. Source: L. 23: p. 271, � 16. CSA: C. 93, � 92. CRS 53: � 77-11-15. C.R.S. 1963: � 77-11-15. Cross references: For declaratory judgments generally, see also C.R.C.P. 57.

This article is declared to be remedial; its purpose is to settle and to afford relief from uncertainty and insecurity with respect to rights, status, and other legal relations; and it is to be liberally construed and administered. Source: L. 23: p. 270, � 12. CSA: C. 93, � 89. C…

As used in this article, unless the context otherwise requires: (1) Person means any person, partnership, joint stock company, unincorporated association, or society, or municipal or other corporation of any character whatsoever. Source: L. 23: p. 271, � 13. CSA: C. 93, � 90. CRS…

This article shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it and to harmonize, as far as possible, with federal laws and regulations on the subject of declaratory judgments and decrees. Source: L. 2…

Courts of record within their respective jurisdictions have power to declare rights, status, and other legal relations whether or not further relief is or could be claimed. No action or proceeding shall be open to objection on the ground that a declaratory judgment or decree is p…

Any person interested under a deed, will, written contract, or other writings constituting a contract or whose rights, status, or other legal relations are affected by a statute, municipal ordinance, contract, or franchise may have determined any question of construction or valid…

A contract may be construed either before or after there has been a breach thereof. Source: L. 23: p. 268, � 3. CSA: C. 93, � 80. CRS 53: � 77-11-3. C.R.S. 1963: � 77-11-3.

(1) Any person interested as or through an executor, administrator, trustee, guardian, or other fiduciary, creditor, devisee, legatee, heir, next of kin, or cestui que trust in the administration of a trust or of the estate of a decedent, an infant, a mental incompetent, or an in…

The enumeration in sections 13-51-106 to 13-51-108 does not limit or restrict the exercise of the general powers conferred in section 13-51-105, in any proceeding where declaratory relief is sought, in which a judgment or decree will terminate the controversy or remove an uncerta…

The court may refuse to render or enter a declaratory judgment or decree where such judgment or decree, if rendered or entered, would not terminate the uncertainty or controversy giving rise to the proceeding. Source: L. 23: p. 269, � 6. CSA: C. 93, � 83. CRS 53: � 77-11-6. C.R.S…

All orders, judgments, and decrees under this article may be reviewed as other orders, judgments, and decrees. Source: L. 23: p. 269, � 7. CSA: C. 93, � 84. CRS 53: � 77-11-7. C.R.S. 1963: � 77-11-7.

Further relief based on a declaratory judgment or decree may be granted when necessary or proper. The application therefor shall be by petition to a court having jurisdiction to grant the relief. If the application is deemed sufficient, the court, on reasonable notice, shall requ…

When a proceeding under this article involves the determination of an issue of fact, such issue may be tried and determined in the same manner as issues of facts are tried and determined in other civil actions in the court in which the proceeding is pending. Source: L. 23: p. 270…

In any proceeding under this article, the court may make such award of costs as may seem equitable and just. Source: L. 23: p. 270, � 10. CSA: C. 93, � 87. CRS 53: � 77-11-10. C.R.S. 1963: � 77-11-10.

When declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be affected by the declaration, and no declaration shall prejudice the rights of persons not parties to the proceeding. In any proceeding which involves the validity of…

The judgment creditor in execution may elect on what property he will have the same levied except the land on which the judgment debtor resides, which shall be last taken in execution, excepting and reserving, however, to the judgment debtor in execution such property as is, or m…

(1) All goods and chattels, lands, tenements, and real estate of every person against whom any judgment is obtained in any court of record in this state, either at law or in equity, or against whom any foreign judgment is filed with the clerk of any court of this state in accorda…

If a transcript of judgment is placed of record against any judgment debtor who, after the rendition of the judgment, changes his name and by such new name acquires real estate, the judgment creditor, or someone in his behalf, shall record in the office of the recorder of the cou…

(1) A transcript of the docket entry of any judgment or decree, either at law or in equity, for any debt, damages, costs, or other sum of money, entered or registered in any district court of the United States within this state, duly certified by the clerk of such district court …

Every interest in land, legal and equitable, shall be subject to levy and sale under execution, and the claim or possessory right of any defendant in execution in or to any public lands may be levied upon and sold under execution in the same manner as if the same were held by suc…

The legal holder by record of any certificate of purchase of lands of the United States shall be deemed to be within the true intent and meaning of articles 51 to 61 of this title and part 2 of article 41 of title 38, C.R.S. Source: R.S. p. 371, � 3. G.L. � 1411. G.S. � 1843. R.S…

All paper currency, coins, bank bills, and other evidence of debt used or circulated or intended to be used or circulated as money and issued by any corporation or state, or by the United States, may be levied upon under any execution or writ of attachment as other personal prope…

(1) No order of attachment prior to judgment on any garnishee shall be made out or issued in any court of record in this state for any sum less than twenty dollars. (2) Wages, fees, or commissions shall not be subject to a writ of garnishment made out or issued in any court of re…

When any real or personal property is taken in execution, if such property is susceptible of division, it shall be sold in such quantities as may be necessary to satisfy such execution and costs. Source: R.S. p. 372, � 10. G.L. � 1416. G.S. � 1848. R.S. 08: � 3623. C.L. � 5911. C…

It is lawful for the party in whose favor any judgment may be obtained to have executions in the usual form directed to any county in this state against the goods, chattels, lands, and tenements of such party defendant, or upon his body, when the same is authorized by law. Source…