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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. § 13-5.3-106 Information-sharing within the judicial department - legislative declaration
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(1) The general assembly finds and declares that: (a) Offices or personnel within the department are often the first to receive complaints; (b) The department often holds evidentiary materials relating to potential misconduct and often develops evidence, through investigations or…
Colo. Rev. Stat. § 13-5.3-107 Rule-making
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(1) Section 23 (3) of article VI of the Colorado constitution establishes a rule-making committee to propose rules for the commission and the judicial discipline adjudicative board. In exercising its authority, the rule-making committee shall provide the commission and the judici…
Colo. Rev. Stat. § 13-5.3-108 Reporting requirements - "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" report - annual report
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(1) The commission shall gather and maintain annual data and statistics on the following information: (a) The number of requests for evaluation received, the number of other allegations of judicial misconduct received regardless of form, and the number of requests for evaluation …
Representation by attorney general

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Colo. Rev. Stat. § 13-5.3-109

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(1) Pursuant to section 24-31-111, the attorney general shall provide legal services, as defined in section 24-31-111 (6)(a), to the commission and the office. The attorney general shall designate one or more assistant attorneys general to provide such legal services. Any assista…

Colo. Rev. Stat. § 13-5.3-111 Requests for evaluation - manner - confidential requests

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(1) In addition to any other method permitted by the commission or office, a person may submit a request for evaluation by mail or online. The office shall develop an online request for evaluation form that is accessible from the commission's public website. (2) The commission an…

Colo. Rev. Stat. § 13-5.3-112 Complainant notification - point of contact

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(1) Upon receipt of a complaint, the office shall explain to the complainant the judicial discipline process, including the steps in the process, the availability of confidential reporting, and confidentiality requirements during each step of the process. (2) The office shall des…

Colo. Rev. Stat. § 13-5.3-113 Judicial discipline adjudicative board - administrative support

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When a panel of the judicial discipline adjudicative board convenes pursuant to section 23 (3) of article VI of the Colorado constitution, the judge member of the panel is responsible for providing administrative support necessary to facilitate the panel's hearings. With any nece…

Colo. Rev. Stat. § 13-53-101 Short title

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This article shall be known and may be cited as the "Uniform Enforcement of Foreign Judgments Act". Source: L. 69: p. 563, § 1. C.R.S. 1963: § 77-13-1. ANNOTATION Law reviews. For article, "Enforcing Foreign Country Judgments in Colorado", see 13 Colo. Law. 381 (1984).

Colo. Rev. Stat. § 13-53-102 Definitions

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As used in this article, unless the context otherwise requires: (1) "Foreign judgment" means any judgment, decree, or order of a court of the United States or of any other court, except a protection order or a restraining order as described in section 13-14-110 that is entitled t…

Colo. Rev. Stat. § 13-53-103 Filing and status of foreign judgments

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A copy of any foreign judgment authenticated in accordance with the act of congress or the laws of this state may be filed in the office of the clerk of any court of this state which would have had jurisdiction over the original action had it been commenced first in this state. A…

Colo. Rev. Stat. § 13-53-104 Notice of filing

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(1) At the time of the filing of the foreign judgment, the judgment creditor or his lawyer shall make and file with the clerk of court an affidavit setting forth the name and last-known post-office address of the judgment debtor and the judgment creditor. (2) Promptly upon the fi…

Colo. Rev. Stat. § 13-53-105 Stay

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(1) If the judgment debtor shows the court that an appeal from the foreign judgment is pending or will be taken or that a stay of execution has been granted, the court shall stay enforcement of the foreign judgment until the appeal is concluded, the time for appeal expires, or th…

Colo. Rev. Stat. § 13-53-106 Fees

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(1) (a) On and after July 1, 2008, any person filing a foreign judgment shall pay to the clerk of the court two hundred one dollars. (b) Fees for docketing, transcription, or other enforcement proceedings shall be as provided for judgments of the courts of this state. (c) Each fe…

Colo. Rev. Stat. § 13-53-107 Optional procedure

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The right of a judgment creditor to bring an action to enforce his judgment instead of proceeding under this article remains unimpaired. Source: L. 69: p. 564, § 1. C.R.S. 1963: § 77-13-7.

Colo. Rev. Stat. § 13-53-108 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 which enact it. Source: L. 69: p. 564, § 1. C.R.S. 1963: § 77-13-8.

Colo. Rev. Stat. § 13-54-101 Definitions

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As used in this article, unless the context otherwise requires: (1) "Debtor" means a person whose property or earnings are subject to attachment, execution, or garnishment. (2) "Dependent" means a person who receives more than one-half of his support from the debtor. (2.5) "Disab…

Colo. Rev. Stat. § 13-54-102 Property exempt - commingled exempt and nonexempt assets - definitions

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(1) The following property is exempt from levy and sale under writ of attachment or writ of execution: (a) The necessary wearing apparel of the debtor and each dependent to the extent of two thousand dollars in value; (b) Watches, jewelry, and articles of adornment of the debtor …

Colo. Rev. Stat. § 13-54-102.5 Child support payments - exemption

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Any past or present child support obligation owed by a parent or child support payment made by a parent that is required by a support order is exempt from levy under writ of attachment or writ of execution for any debt owed by either parent. Source: L. 94: Entire section added, p…

Colo. Rev. Stat. § 13-54-103 No exemption for purchase price

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None of the property described in section 13-54-102 shall be exempt from levy and sale on writ of attachment or writ of execution for the purchase price of such property. Source: L. 59: p. 532, § 3. CRS 53: § 77-13-3. C.R.S. 1963: § 77-2-3. ANNOTATION Annotator's note. Since § 13…

Colo. Rev. Stat. § 13-54-104 Restrictions on garnishment and levy under execution or attachment - definitions

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(1) As used in this section, unless the context otherwise requires: (a) "Disposable earnings" means that part of the earnings of any individual remaining after the deduction from those earnings of any amounts required by law to be withheld and after the deduction of the cost of a…

Colo. Rev. Stat. § 13-54-105 No exemption for taxes

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Nothing in this article shall be construed to exempt any property of any debtor from sale for the payment of any taxes legally assessed. Source: L. 59: p. 532, § 5. CRS 53: § 77-13-5. C.R.S. 1963: § 77-2-5.

Colo. Rev. Stat. § 13-54-106 Exemptions applicable to all writs - exception for child support

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The exemptions provided by this article shall extend and apply to writs of attachment, execution, and garnishment issued out of any court of record and by municipal courts, except those writs which are the result of a judgment taken for arrearages for child support or for child s…

Colo. Rev. Stat. § 13-54-107 Exemptions in bankruptcy

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The exemptions provided in section 522 (d) of the federal bankruptcy code of 1978, title 11 of the United States Code, as amended, are denied to residents of this state. Exemptions authorized to be claimed by residents of this state shall be limited to those exemptions expressly …

Colo. Rev. Stat. § 13-5.5-101 Legislative declaration

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(1) It is the intent of the general assembly to provide: (a) A comprehensive evaluation system of judicial performance; (b) Information to the people of Colorado regarding the performance of judges and justices throughout the state; and (c) Transparency and accountability for jud…

Colo. Rev. Stat. § 13-5.5-102 Definitions

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As used in this article 5.5, unless the context otherwise requires: (1) "Attorney" means a person admitted to practice law before the courts of this state. (2) "Commission" means both the state and district commissions on judicial performance, established in section 13-5.5-104, u…

Colo. Rev. Stat. § 13-5.5-103 Office on judicial performance evaluation - executive director - duties - oversight

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(1) The office on judicial performance evaluation is established in the judicial department. The state commission on judicial performance, established pursuant to section 13-5.5-104, shall oversee the office. (2) The state commission shall appoint an executive director of the off…

Colo. Rev. Stat. § 13-5.5-104 State commission on judicial performance - district commissions on judicial performance - established - membership - terms - immunity - conflicts - repeal

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(1) The state commission on judicial performance is established, and a district commission on judicial performance is established in each judicial district of the state. In appointing the membership of each commission, the appointing entities must, to the extent practicable, incl…

Colo. Rev. Stat. § 13-5.5-105 Powers and duties of the state and district commissions - rules

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(1) In addition to any other powers conferred or duties assigned upon the separate commissions by this article 5.5, all commissions have the following powers and duties: (a) To review any available case management data and statistics provided by the state court administrator, the…

Colo. Rev. Stat. § 13-5.5-106 Rules, guidelines, and procedures

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(1) The state commission shall adopt rules, guidelines, and procedures as necessary to implement and effectuate the provisions of this article 5.5, including rules, guidelines, and procedures governing the district commissions. (2) The state commission shall consider proposed rul…

Colo. Rev. Stat. § 13-5.5-107 Judicial performance evaluation criteria

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(1) The state commission and each district commission shall evaluate each justice and judge in Colorado utilizing the powers and duties conferred upon each commission in section 13-5.5-105. The evaluations must only include the following performance evaluation criteria: (a) Integ…

Colo. Rev. Stat. § 13-5.5-108 Judicial performance evaluations in retention election years - procedure - recommendations

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(1) Judicial performance evaluations for justices or judges whose terms are to expire and who must stand for retention election are conducted as follows: (a) The state commission shall conduct a judicial performance evaluation of each such justice of the supreme court and judge o…

Colo. Rev. Stat. § 13-5.5-109 Judicial performance evaluations in interim years between elections - procedure

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(1) Within the first two years of a justice's or judge's appointment to the bench, the appropriate commission shall conduct an initial evaluation of each justice and each judge. The appropriate commission shall complete and communicate its judicial performance interim evaluations…

Colo. Rev. Stat. § 13-5.5-110 Individual judicial improvement plans

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(1) (a) If the state commission or a district commission recommends, pursuant to section 13-5.5-109 (1), that a justice or judge receive an individual judicial improvement plan, the commission shall communicate such recommendation to the chief justice or appropriate chief judge. …

Colo. Rev. Stat. § 13-5.5-112 Recusal

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(1) A commissioner shall disclose to his or her commission any professional or personal relationship with a justice or judge that may affect an unbiased evaluation of the justice or judge, including involvement with any litigation involving the justice or judge and the commission…

Colo. Rev. Stat. § 13-5.5-113 Confidentiality

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(1) Except as provided in subsection (3) of this section, all self-evaluations, personal information protected under section 24-72-204 (3)(a)(II), additional oral or written information, content of any judicial improvement plans, and any matter discussed in executive session is c…

Colo. Rev. Stat. § 13-5.5-114 Reporting requirements - "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" report

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(1) The state commission shall gather and maintain statewide data and post a statistical report of the statewide data on its website no later than thirty days prior to each retention election. The report must specify, at a minimum: (a) The total number of justices and judges who …

Colo. Rev. Stat. § 13-5.5-115 State commission on judicial performance cash fund - acceptance of private or federal grants - general appropriations

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The state commission is authorized to accept any grants of federal or private funds made available for any purpose consistent with the provisions of this article 5.5. Any money received pursuant to this section must be transmitted to the state treasurer, who shall credit the same…

Colo. Rev. Stat. § 13-5.5-116 Private right of action - definition

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(1) Final actions of the state commission are subject to judicial review as provided for in this section. For purposes of this section, "final action" means a rule, guideline, or procedure adopted by the state commission pursuant to this article 5.5. A "final action" does not inc…

Colo. Rev. Stat. § 13-55-101 Defendant to file written claim

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Except in cases of garnishment pursuant to article 54.5 of this title, in cases where a sheriff or other officer by virtue of a writ of execution, writ of attachment, or other order of court issued by a court of record or clerk thereof levies upon, seizes, or takes into his posse…

Colo. Rev. Stat. § 13-55-102 Service of notice of levy

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Notice of such levy or seizure of any property under a writ of execution, writ of attachment, or other order of court shall be served upon the defendant debtor by delivering a copy of such notice to the defendant debtor personally or by leaving a copy of such notice at the usual …

Colo. Rev. Stat. § 13-55-103 Proceedings for sale stayed

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Upon the filing of a written claim of exemption, all further proceedings with relation to the sale or other disposition of said property shall be stayed until the matter of such claim of exemption is determined. Source: L. 35: p. 245, § 3. CSA: C. 93, § 32. CRS 53: § 77-4-3. C.R.…

Colo. Rev. Stat. § 13-55-104 Hearing on claim

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(1) Upon the filing of such claim of exemption, the court of record shall set a time for the hearing of such claim of exemption, which shall not be less than seven days nor more than fourteen days thereafter. A written notice of the time and place of such hearing shall be given b…

Colo. Rev. Stat. § 13-55-105 Court enters order or judgment

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Upon such hearing, the court shall summarily try and determine the question as to whether or not the property, or any part thereof, so levied upon, seized, and taken into possession by the officer making such levy, as set forth in said written claim of exemption, is exempt and sh…

Colo. Rev. Stat. § 13-55-106 Order or judgment is final

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Any order or judgment entered by the court as provided for by section 13-55-105 is a final judgment or order for the purpose of appellate review. Source: L. 35: p. 247, § 6. CSA: C. 93, § 35. CRS 53: § 77-4-6. C.R.S. 1963: § 77-4-6. L. 64: p. 284, § 209.

Colo. Rev. Stat. § 13-55-107 Failure to claim - effect

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In case the defendant debtor fails to make written claim of exemption as provided in section 13-55-101, he conclusively waives his right of exemption under the statutes of this state and has no right of action against the officer making such levy or seizure or against the plainti…

Colo. Rev. Stat. § 13-55-108 Damages

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If, after hearing of claim of exemption, the court determines that the property levied upon and seized, or any part thereof, is exempt and the officer making the levy in all matters obeys and abides by the order or judgment of the court, no right of action for other than actual d…

Colo. Rev. Stat. § 13-55-109 Court may order sale - proceeds

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In case the court finds that a portion of such property is exempt to such value as is by statute fixed as being exempt but that the property seized is of a greater value and said property so seized cannot be readily divided, the court may order said property to be sold, and out o…

Colo. Rev. Stat. § 13-55-110 Appeals

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Appellate review may be had from the final order or judgment entered in pursuance of this article as in other cases. Source: L. 35: p. 248, § 10. CSA: C. 93, § 39. CRS 53: § 77-4-10. C.R.S. 1963: § 77-4-10.

Colo. Rev. Stat. § 13-56-101 Certificate of levy - notice

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When in any case a writ of attachment or a writ of execution is issued from any district or county court and a levy thereunder is made upon real estate, it is the duty of the sheriff or officer making the levy to file a certificate of such fact with the recorder of the county whe…

Colo. Rev. Stat. § 13-56-102 Writs from other county

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Writs of attachment and writs of execution may issue from any district or county court of any county to the sheriff or other proper officer of such county or any other county, and, when in such cases a levy is made upon real estate in such other county, it is the duty of the sher…