C.R.S. § 13-10-114.5 — CO Code / Title 13 / Article 10 / Section 13-10-114.5
13-10-114.5. Representation by counsel - independent indigent defense - definitions
Status: in_force

13-10-114.5. Representation by counsel - independent indigent defense - definitions. (1) At the time of first appearance on a municipal charge, if the defendant is in custody and the charged offense includes a possible sentence of incarceration, the court shall appoint counsel to represent the defendant for purposes of the initial appearance unless, after a full advisement pursuant to C.M.C.R. 210 and section 16-7-207, C.R.S., the defendant makes a knowing, intelligent, and voluntary waiver of his or her right to counsel.

(2) If the defendant remains in custody, the appointment of counsel continues until the defendant is released from custody. If the defendant is released from custody, he or she may apply for court-appointed counsel, and the court shall appoint counsel if the court determines that the defendant is indigent and the charged offense includes a possible sentence of incarceration.

(3) (a) On and after January 1, 2020, each municipality shall provide independent indigent defense for each indigent defendant charged with a municipal code violation for which there is a possible sentence of incarceration. Independent indigent defense requires, at minimum, that a nonpartisan entity independent of the municipal court and municipal officials oversee or evaluate indigent defense counsel.

(b) (I) Because the office of alternate defense counsel created in section 21-2-101 is an independent system of indigent defense overseen by an independent commission, provision of indigent defense by lawyers evaluated or overseen by the office of alternate defense counsel satisfies the requirement described in subsection (3)(a) of this section.

(II) Because a legal aid clinic at any Colorado law school accredited by the American bar association is an independent system of indigent defense overseen by the dean of the law school with which it is affiliated, any provision or oversight of indigent defense through a legal aid clinic associated with any Colorado law school accredited by the American bar association satisfies the requirement described in subsection (3)(a) of this section.

(c) To satisfy the requirement described in subsection (3)(a) of this section, a municipality that contracts directly with one or more defense attorneys to provide counsel to indigent defendants shall ensure that:

(I) [Editor's note: This version of subsection (3)(c)(I) is effective until July 1, 2025.] The process to select indigent defense attorneys is transparent and based on merit; and

(I) [Editor's note: This version of subsection (3)(c)(I) is effective July 1, 2025.] The process to select indigent defense attorneys is transparent and based on merit;

(II) Each contracted indigent defense attorney is periodically evaluated by an independent entity for competency and independence. The municipality shall evaluate each newly hired defense attorney as soon as practicable but no later than one year after he or she is hired. Otherwise, the municipality shall evaluate each defense attorney at least every three years. An independent entity that evaluates defense attorneys pursuant to this subsection (3)(c)(II) shall provide evaluation results and any recommendations for corrective action in writing to the municipality. For the purpose of this subsection (3), "independent entity" means:

(A) The office of alternate defense counsel;

(B) An attorney or a group of attorneys, each of whom has substantial experience practicing criminal defense in Colorado within the preceding five years, so long as the attorney or group of attorneys is not affiliated with the municipality receiving the services, including any municipal judge, prosecutor, or indigent defense attorney; or

(C) A local or regional independent indigent defense commission, as described in subsection (3)(d) of this section.

(III) [Editor's note: Subsection (3)(c)(III) is effective July 1, 2025.]

(A) The contract does not use a fixed or flat-fee payment structure for indigent defense services but instead uses the same payment structure and rates that are paid by the state of Colorado to attorneys and other interdisciplinary team members under contract with the office of alternate defense counsel created in section 21-2-101 and that are consistent with chief justice directive 04-04, or any successor chief justice directive.

(B) This subsection (3)(c)(III) only applies to a municipality that prosecutes an act of domestic violence, as defined in section 18-6-800.3.

(C) For the purposes of this subsection (3)(c), "fixed or flat-fee payment structure" means a fee paid as a fixed amount for specified legal services regardless of the time or effort involved, but does not include an amount paid as a salary or on a salary basis.

(d) (I) To satisfy the requirement described in subsection (3)(a) of this section, a municipality may establish a local independent indigent defense commission or coordinate with one or more other municipalities to establish a regional independent indigent defense commission. Any local or regional independent indigent defense commission in existence as of January 1, 2018, is deemed to be in compliance with this subsection (3)(d) and may continue as established.

(II) Each local or regional independent indigent defense commission must include at least three members, each of whom is selected by the chief municipal judge in consultation with the Colorado criminal defense bar, the office of alternate defense counsel, or the office of the state public defender. Prior to serving on a commission, any commission member who is selected by a chief municipal judge must be approved by the office of alternate defense counsel. The office of alternate defense counsel shall approve such appointed commission members whom the office, in its discretion, deems likely to promote the provision of competent and independent indigent defense.

(III) The terms and procedures for the members of a local or regional independent indigent defense commission must be determined by the municipality or municipalities that establish the independent indigent defense commission.

(IV) A local or regional independent indigent defense commission established pursuant to this subsection (3)(d) has the responsibility and exclusive authority to appoint indigent defense counsel for a term of at least one year or more to be served until a successor is appointed. The independent indigent defense commission retains sole authority to supervise the indigent defense counsel and discharge him or her for cause.

(V) A local or regional independent indigent defense commission, through its ability to supervise, appoint, and discharge the indigent defense counsel, shall ensure that indigent defendants accused of violations of municipal ordinances for which there is a possible sentence of incarceration are represented independently of any political considerations or private interests, that such indigent defendants receive legal services that are commensurate with those available to nonindigent defendants, and that municipal indigent defense attorneys provide representation in accordance with the Colorado rules of professional conduct and the American bar association standards relating to the administration of criminal justice.

(VI) A local or regional independent indigent defense commission shall not interfere with the discretion, judgment, and zealous advocacy of indigent defense attorneys in specific cases.

(VII) A local or regional independent indigent defense commission shall make recommendations to its municipality or municipalities regarding the provision of adequate monetary resources to provide legal services to indigent defendants accused of violations of such municipal ordinances.

(VIII) The members of an independent indigent defense commission shall serve without compensation; except that a municipality that establishes a local independent indigent defense commission or that coordinates with one or more other municipalities to establish a regional independent indigent defense commission shall reimburse the members of the commission for actual and reasonable expenses incurred in the performance of their duties.
C.R.S. § 13-21-108.7 — CO Code / Title 13 / Article 21 / Part 1 / Section 13-21-108.7
13-21-108.7. Persons rendering emergency assistance through the administration of an opioid a
Status: repealed

13-21-108.7. Persons rendering emergency assistance through the administration of an opioid antagonist - limited immunity - legislative declaration - definitions. (1) Legislative declaration. The general assembly encourages the administration and distribution of opioid antagonists, including expired opioid antagonists, by persons and entities, including law enforcement personnel, school district personnel, and health-care providers, for the purpose of saving the lives of people who suffer opioid-related drug overdose events. The general assembly also encourages each person who administers an opioid antagonist to another person to call for emergency medical services immediately.

(2) Definitions. As used in this section, unless the context otherwise requires:

(a) Repealed.

(b) (I) "Health-care provider" means:

(A) A licensed physician, an advanced practice registered nurse, or a certified midwife who has prescriptive authority pursuant to section 12-255-112; a physician assistant; or a pharmacist; or

(B) A health maintenance organization licensed and conducting business in this state.

(II) "Health-care provider" does not include a podiatrist, optometrist, dentist, or veterinarian.

(c) "Opioid" has the same meaning as "opiate", as set forth in section 18-18-102 (21).

(d) "Opioid antagonist" has the same meaning as set forth in section 12-30-110 (7)(d).

(e) "Opioid-related drug overdose event" means an acute condition, including a decreased level of consciousness or respiratory depression, that:

(I) Results from the consumption or use of a controlled substance or another substance with which a controlled substance was combined;

(II) A layperson would reasonably believe to be an opioid-related drug overdose event; and

(III) Requires medical assistance.

(3) General immunity. (a) A person, other than a health-care provider, is not liable for any civil damages if the person acts in good faith to:

(I) Furnish or administer an opioid antagonist to an individual the person believes to be suffering an opioid-related drug overdose event or to an individual who is in a position to assist the individual at risk of experiencing an opioid-related drug overdose event; or

(II) Distribute the opioid antagonist.

(b) This subsection (3) also applies to:

(I) A person or entity described in section 12-30-110 (1)(a); except that an employee or agent of a school, or an employee or agent of a school district, a district school, the charter school institute, an institute charter school, or a nonpublic school who operates or is on a school bus, must be acting in accordance with section 12-30-110 (1)(b), (2)(b), and (4)(b), and, as applicable, section 22-1-119.1; and

(II) A person who acts in good faith to furnish or administer an opioid antagonist in accordance with section 25-20.5-1001.

(4) Licensed prescribers and dispensers. (a) An individual who is licensed by the state under title 12 and is permitted by section 12-30-110 or by other applicable law to prescribe or dispense an opioid antagonist is not liable for any civil damages resulting from:

(I) Prescribing or dispensing an opioid antagonist in accordance with the applicable law; or

(II) Any outcomes resulting from the eventual administration of the opioid antagonist by a layperson.

(b) Repealed.

(5) The provisions of this section shall not be interpreted to establish any duty or standard of care in the prescribing, dispensing, or administration of an opioid antagonist.
C.R.S. § 13-50.5-105 — CO Code / Title 13 / Article 50.5 / Section 13-50.5-105
13-50.5-105. Release or covenant not to sue
Status: in_force

13-50.5-105. Release or covenant not to sue. (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 rata shares of liability for the injury, death, damage, or loss unless its terms so provide; but it reduces the aggregate claim against the others to the extent of any degree or percentage of fault or negligence attributable by the finder of fact, pursuant to section 13-21-111 (2) or (3) or section 13-21-111.5, to the tortfeasor to whom the release or covenant is given; and

(b) It discharges the tortfeasor to whom it is given from all liability for contribution to any other tortfeasor.
C.R.S. § 13-16-114 — CO Code / Title 13 / Article 16 / Section 13-16-114
13-16-114. Costs in equity
Status: in_force

13-16-114. Costs in equity. Upon the complainant dismissing his bill in equity or the defendant dismissing the same for want of prosecution, the defendant shall recover against the complainant full costs; and, in all other cases in equity not otherwise directed by law, it is in the discretion of the court to award costs or not.
C.R.S. § 13-25-116 — CO Code / Title 13 / Article 25 / Section 13-25-116
13-25-116. Water officials' records
Status: in_force

13-25-116. Water officials' records. In all civil actions, special proceedings, or other modes of litigation before a water judge or referee having power to receive evidence, all records, reports, tables, and other documents of division engineers and water commissioners of the state of Colorado and all records, streamflow tables, rating curves, automatic water register sheets, and special reports of the state engineer and his deputies, hydrographers, and employees, and of the division engineers of the several divisions, and all records of canal headgate keepers, reservoir outlet keepers, gauge readers, and other systematically compiled records or reports of diversions, storage, and discharge of waters or of the flows of streams on file in or constituting a part of the records and files of the state engineer of the state of Colorado, and all copies duly certified as correct by the state engineer or his deputy shall be admitted as evidence of the facts contained therein.
C.R.S. § 13-5.3-107 — CO Code / Title 13 / Article 5.3 / Section 13-5.3-107
13-5.3-107. Rule-making
Status: in_force

13-5.3-107. Rule-making. (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 judicial discipline adjudicative board reasonable notice before proposing any new rule or amendment.

(2) Whenever the rule-making committee proposes a rule, the committee shall post notice of the proposed rule, allow for a period for public comment, and give the public an opportunity to address the committee concerning the proposed rule at a public hearing.
C.R.S. § 13-62-104 — CO Code / Title 13 / Article 62 / Section 13-62-104
13-62-104. Standards for recognition of foreign-country judgment
Status: in_force

13-62-104. Standards for recognition of foreign-country judgment. (1) Except as otherwise provided in subsections (2) and (3) of this section, a court of this state shall recognize a foreign-country judgment to which this article applies.

(2) A court of this state may not recognize a foreign-country judgment if:

(a) The judgment was rendered under a judicial system that does not provide impartial tribunals or procedures compatible with the requirements of due process of law;

(b) The foreign court did not have personal jurisdiction over the defendant; or

(c) The foreign court did not have jurisdiction over the subject matter.

(3) A court of this state need not recognize a foreign-country judgment if:

(a) The defendant in the proceeding in the foreign court did not receive notice of the proceeding in sufficient time to enable the defendant to defend;

(b) The judgment was obtained by fraud that deprived the losing party of an adequate opportunity to present its case;

(c) The judgment or the claim for relief on which the judgment is based is repugnant to the public policy of this state or of the United States;

(d) The judgment conflicts with another final and conclusive judgment;

(e) The proceeding in the foreign court was contrary to an agreement between the parties under which the dispute in question was to be determined otherwise than by proceedings in that foreign court;

(f) In the case of jurisdiction based only on personal service, the foreign court was a seriously inconvenient forum for the trial of the action;

(g) The judgment was rendered in circumstances that raise substantial doubt about the integrity of the rendering court with respect to the judgment; or

(h) The specific proceeding in the foreign court leading to the judgment was not compatible with the requirements of due process of law.

(4) A party resisting recognition of a foreign-country judgment has the burden of establishing that a ground for nonrecognition stated in subsection (2) or (3) of this section exists.
C.R.S. § 13-1-123 — CO Code / Title 13 / Article 1 / Part 1 / Section 13-1-123
13-1-123. Transfer of civil actions
Status: in_force

13-1-123. Transfer of civil actions. When in any civil action pending in any court of record, whether filed as a special statutory proceeding, or otherwise, if for any reason the proceedings could be more expeditiously continued in another county, with the express consent of all parties, the court may order the cause transferred to any other county wherein the court finds the proceedings could be more expeditiously continued. No additional docket fee shall be required. Upon such a transfer being ordered, the clerk shall transfer all files, books, and records of the cause, or, if that is not practicable, he shall make, at the expense of the parties, and send to the clerk of the court to which the cause is transferred a certified copy of all records in the cause which are necessary for the continuation of the proceedings in the court to which such cause is transferred, and the cause shall continue in the court to which it is transferred with the same effect and force as though such cause were originally docketed in such court.
C.R.S. § 13-65-103 — CO Code / Title 13 / Article 65 / Section 13-65-103
13-65-103. Compensation for certain exonerated persons - monetary compensation - financial
Status: in_force

13-65-103. Compensation for certain exonerated persons - monetary compensation - financial literacy training - penalty for lack of a qualified health plan - expungement of records - damages awarded in civil actions. (1) Except as otherwise provided in this article, a district court shall direct the state court administrator to compensate an exonerated person, or an immediate family member of an exonerated person, who is determined by a district court pursuant to section 13-65-102 to be actually innocent and eligible to receive compensation pursuant to this article.

(2) A district court that directs the state court administrator to compensate an exonerated person or an immediate family member of an exonerated person pursuant to this section shall reduce the directions to writing and include within the directions:

(a) The exonerated person's name;

(b) The date upon which the order is issued;

(c) The felony or felonies, if any, of which the exonerated person has been exonerated and each conviction or adjudication of the exonerated person, if any, that has been vacated or reversed;

(d) The date upon which the exonerated person was convicted or adjudicated and the dates during which the exonerated person was incarcerated as a result of such conviction or adjudication;

(e) A statement that the exonerated person, or the immediate family member of the exonerated person, is entitled to compensation from the state, which compensation shall include:

(I) An award of monetary compensation, as described in subsection (3) of this section;

(II) Tuition waivers at state institutions of higher education for the exonerated person and for any children and custodial children of his or hers who were conceived or legally adopted before the exonerated person was incarcerated or placed in state custody for the offense of which he or she has been exonerated, as described in section 23-1-132, C.R.S.; except that:

(A) No other immediate family members of the exonerated person shall be eligible for such tuition waivers; and

(B) Notwithstanding any other provision of this section, neither an exonerated person nor a child or custodial child of an exonerated person shall be eligible for a tuition waiver pursuant to this subparagraph (II) unless the exonerated person was wrongfully incarcerated for at least three years.

(III) Compensation for child support payments owed by the exonerated person that became due during his or her incarceration or placement in state custody, and interest on child support arrearages that accrued during his or her incarceration or placement in state custody but which have not been paid;

(IV) Reasonable attorney fees for bringing a claim under this section; and

(V) The amount of any fine, penalty, court costs, or restitution imposed upon and paid by the exonerated person as a result of his or her wrongful conviction or adjudication. This subparagraph (V) shall not be interpreted to require the reimbursement of restitution payments by any party to whom the exonerated person made restitution payments as a result of his or her wrongful conviction or adjudication.

(f) A statement notifying the person and the state court administrator that, pursuant to section 13-3-114 (4), the exonerated person is required to complete a personal financial management instruction course before the state court administrator may issue to the exonerated person more than one annual payment of monetary compensation or a lump-sum payment, as described by section 13-3-114 (8);

(g) A statement notifying the exonerated person and the state court administrator that, pursuant to section 13-3-114, in each year in which an exonerated person receives any annual payment from the state court administrator, the exonerated person's annual payment shall be reduced by ten thousand dollars if the exonerated person fails to present to the state court administrator a policy or certificate showing that the exonerated person has purchased or otherwise acquired a qualified health plan for himself or herself and his or her dependents that is valid for at least six months.

(3) (a) Except as limited by the provisions of this article, an exonerated person shall receive monetary compensation in an amount of seventy thousand dollars for each year that he or she was incarcerated for the felony of which he or she has been exonerated. In addition to this amount, an exonerated person shall receive compensation in an amount of:

(I) Fifty thousand dollars for each year that he or she was incarcerated and sentenced to execution pursuant to part 12 of article 1.3 of title 18, C.R.S.; and

(II) Twenty-five thousand dollars for each year that he or she served on parole, on probation, or as a registered sex offender after a period of incarceration as a result of the felony of which he or she has been exonerated and not for any other criminal offense.

(b) Except as limited by the provisions of this article, in addition to the amount described in paragraph (a) of this subsection (3), an exonerated person shall receive compensation in a prorated amount that is proportionate to the length of:

(I) Each partial year that he or she was incarcerated or placed in state custody;

(II) Each partial year that he or she was incarcerated and sentenced to execution pursuant to part 12 of article 1.3 of title 18, C.R.S.; and

(III) Each partial year that he or she served on parole, on probation, or as a registered sex offender after a period of incarceration as a result of the felony of which he or she has been exonerated and not for any other criminal offense.

(4) A court that directs the state court administrator to compensate an exonerated person or an immediate family member of an exonerated person shall submit copies of the directions to:

(a) The exonerated person or immediate family member of the exonerated person;

(b) The state court administrator;

(c) The attorney general;

(d) The district attorney of the judicial district in which the case originated;

(e) The state department of corrections;

(f) The state department of labor and employment;

(g) The state department of revenue; and

(h) The Colorado commission on higher education.

(5) Notwithstanding any provision of this article to the contrary, a court shall not direct the state court administrator to compensate any exonerated person or immediate family member of an exonerated person for any period of incarceration during which the person was concurrently serving a sentence for an offense of which he or she has not been exonerated.

(6) The amount of monetary compensation awarded to an exonerated person pursuant to this section shall not be subject to:

(a) Any cap applicable to private parties in civil lawsuits; or

(b) Any state income tax, except as to those portions of the judgment awarded as attorneys' fees for bringing a claim under this section as described in section 39-22-104 (4)(q), C.R.S.

(7) (a) A court that directs the state court administrator to compensate an exonerated person or an immediate family member of an exonerated person shall order all records relating to the exonerated person's wrongful conviction or adjudication to be expunged as if such events had never taken place and such records had never existed. The court shall direct such an expungement order to every person or agency that may have custody of any part of any records relating to the exonerated person's wrongful conviction or adjudication.

(b) If a court issues an expungement order pursuant to paragraph (a) of this subsection (7), a court, law enforcement agency, or other state agency that maintains records relating to the exonerated person's wrongful conviction or adjudication shall physically seal such records and thereafter treat the records as confidential. Records that have been sealed pursuant to this subsection (7) shall be made available to a court or a law enforcement agency, including but not limited to a district attorney's office or the attorney general, upon a showing of good cause.

(8) (a) A court that directs the state court administrator to compensate an exonerated person or an immediate family member of an exonerated person shall reduce the exonerated person's award of monetary compensation, as described in paragraph (b) of this subsection (8), if, prior to the issuance of the award:

(I) The exonerated person prevails in or settles a civil action against the state or against any other government body in a civil action concerning the same acts that are the bases for the petition for compensation; and

(II) The judgment rendered in the civil action or the settlement of the civil action includes an award of monetary damages to the exonerated person.

(b) Under the circumstances described in paragraph (a) of this subsection (8), the court shall reduce an exonerated person's award of monetary compensation by an amount that is equal to the amount of monetary damages that the exonerated person is awarded and collects in the civil action; except that a court shall not offset any amount exceeding the total amount of monetary compensation awarded to the exonerated person pursuant to this section.

(9) (a) Except when procured by fraud, a court's finding that a person is actually innocent and eligible for compensation pursuant to this article shall be deemed a final and conclusive disposition of the matter of the exonerated person's wrongful incarceration or placement in state custody.

(b) A court's finding that a person is actually innocent and eligible for compensation pursuant to this article shall not be interpreted to limit the person's ability to pursue an action for damages against an entity that is not an employee, agent, or agency of the state government.
C.R.S. § 13-17.5-108 — CO Code / Title 13 / Article 17.5 / Section 13-17.5-108
13-17.5-108. Teleconferenced hearings
Status: in_force

13-17.5-108. Teleconferenced hearings. 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 teleconferencing system for conducting proceedings in connection with state or federal civil actions filed by an inmate against a public defendant. On or before December 1, 1996, the state judicial department shall inform the judiciary committees of the general assembly of the progress made in pursuing funds for the development of the system. On or before March 1, 1996, the state judicial department shall submit a detailed plan to implement the use of a teleconferencing system for all proceedings in which an inmate is a witness or a party.
C.R.S. § 13-54.5-104 — CO Code / Title 13 / Article 54.5 / Section 13-54.5-104
13-54.5-104. Priority between multiple garnishments
Status: in_force

13-54.5-104. Priority between multiple garnishments. (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 service on the garnishee. Except as provided in this subsection (1), a lien and continuing levy obtained pursuant to this article shall have priority over any subsequent garnishment lien or wage attachment.

(b) Where a continuing garnishment has been suspended for a specific period of time by agreement of the parties pursuant to the provisions of section 13-54.5-102 (2), such suspended continuing garnishment shall have priority over any writ of continuing garnishment served on the garnishee after such suspension has expired.

(c) (I) Notwithstanding any other provision of this subsection (1), a continuing garnishment obtained pursuant to section 14-14-105, C.R.S., for the satisfaction of debts or judgments for child support shall have priority over any other continuing garnishment.

(II) Notwithstanding any other provision of this subsection (1), a continuing garnishment obtained pursuant to section 26-2-128 (1)(a) or section 26.5-4-116 (1) for the satisfaction of a judgment for fraudulently obtained public assistance or child care assistance or fraudulently obtained overpayments has priority over any other continuing garnishment other than a garnishment for collection of child support pursuant to subsection (1)(c)(I) of this section.

(2) (a) Any writ of continuing garnishment served upon a garnishee while any previous writ is still in effect shall be answered by the garnishee with a statement that he has been served previously with one or more writs of continuing garnishment against earnings due the judgment debtor and specifying the date on which all such liens are expected to terminate.

(b) Upon the termination of a lien and continuing levy obtained pursuant to this article, any other writ of continuing garnishment which has been issued or which is issued subsequently against earnings due the judgment debtor shall have priority in the order of service on the garnishee, and no priority shall be given to any previous continuing lienholder whose lien has terminated. The person who serves a writ of continuing garnishment on a garnishee shall note the date and time of such service.
C.R.S. § 13-80-103.5 — CO Code / Title 13 / Article 80 / Section 13-80-103.5
13-80-103.5. General limitation of actions - six years
Status: repealed

13-80-103.5. General limitation of actions - six years. (1) The following actions shall be commenced within six years after the cause of action accrues and not thereafter:

(a) All actions to recover a liquidated debt or an unliquidated, determinable amount of money due to the person bringing the action, all actions for the enforcement of rights set forth in any instrument securing the payment of or evidencing any debt, and all actions of replevin to recover the possession of personal property encumbered under any instrument securing any debt; except that actions to recover pursuant to section 38-35-124.5 (3), C.R.S., shall be commenced within one year;

(b) All actions for arrears of rent;

(c) All actions brought under section 13-21-109, except actions brought under section 13-21-109 (2);

(d) All actions by the public employees' retirement association to collect unpaid contributions from employers for persons who are not members or inactive members at the time the association first notifies an employer of its claim for unpaid contributions. This paragraph (d) shall apply to causes of action as provided in section 24-51-402 (2), C.R.S.

(e) Repealed.
C.R.S. § 13-45-120 — CO Code / Title 13 / Article 45 / Section 13-45-120
13-45-120. When county court can issue writ
Status: repealed

13-45-120. When county court can issue writ. (Repealed)
C.R.S. § 13-40-108 — CO Code / Title 13 / Article 40 / Section 13-40-108
13-40-108. Service of notice to vacate or demand
Status: in_force

13-40-108. Service of notice to vacate or demand. A written notice to vacate or demand as required by section 13-40-104, 38-12-202, 38-12-204, or 38-12-1303 may be served by delivering a copy of the notice to a known tenant occupying the premises, or by leaving such copy with some person, a member of the tenant's family above the age of fifteen years, residing on or in charge of the premises, or, in case no one is on the premises after attempts at personal service at least once on two separate days, by posting the copy in some conspicuous place on the premises.
C.R.S. § 13-55-109 — CO Code / Title 13 / Article 55 / Section 13-55-109
13-55-109. Court may order sale - proceeds
Status: in_force

13-55-109. Court may order sale - proceeds. 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 of the first proceeds of said sale the defendant debtor shall be paid the amount, as is provided by statute, of his exemption. The disposal of the balance of the proceeds of said sale shall await the further order of the court. If such property is divisible, the court shall fix the value of each item thereof and shall require the defendant to select therefrom such items as the defendant may choose of an aggregate value not to exceed the amount of his exemptions, and the disposal of the balance of such property shall await the further order of the court. No sale of property seized or levied upon under a writ of attachment shall be ordered sold until after final judgment in said action has been rendered in favor of the plaintiff.
C.R.S. § 13-2-110 — CO Code / Title 13 / Article 2 / Section 13-2-110
13-2-110. Court to prescribe rules and forms
Status: in_force

13-2-110. Court to prescribe rules and forms. The supreme court from time to time may institute rules of practice, and prescribe forms of process to be used, and regulations for the keeping of the records and proceedings of the court, not inconsistent with the constitution or laws of this state.
C.R.S. § 13-64-302.5 — CO Code / Title 13 / Article 64 / Part 3 / Section 13-64-302.5
13-64-302.5. Exemplary damages - legislative declaration - limitations - distribution of dama
Status: in_force

13-64-302.5. Exemplary damages - legislative declaration - limitations - distribution of damages collected. (1) The general assembly hereby finds, determines, and declares that it is in the public interest to establish a consistent and uniformly applicable standard for the determination, amount, imposition, and distribution of exemplary monetary damages arising from civil actions and arbitration proceedings alleging professional negligence in the practice of medicine. It is the intent of the general assembly that any such exemplary damages serve the public purposes of deterring negligent acts and where appropriate provide a form of punishment that is in addition to the disciplinary and licensing sanctions available to the Colorado medical board.

(2) Notwithstanding any other provision of law to the contrary, the exemplary damages provided for in this section and authorized to be imposed upon a health-care professional shall be the only such damages imposed as a result of the negligence claim.

(3) In any civil action or arbitration proceeding alleging negligence against a health-care professional, exemplary damages may not be included in any initial claim for relief. A claim for such exemplary damages may be asserted by amendment to the pleadings only after the substantial completion of discovery and only after the plaintiff establishes prima facie proof of a triable issue. If the court or arbitrator allows such an amendment to the complaint under this subsection (3), it may also, in its discretion, permit additional discovery on the question of exemplary damages.

(4) (a) In any civil action or arbitration proceeding in which compensatory damages are assessed against a health-care professional, the judge or arbitrator, in his discretion, and only if it is shown at the trial or proceeding that the action complained of was attended by circumstances of fraud, malice, or willful and wanton conduct, may allow the trier of fact to impose reasonable exemplary damages, as provided in this subsection (4). The degree of proof shall be as provided in section 13-25-127 (2).

(b) The standards for awarding and the amount of exemplary damages, if imposed upon such health-care professional, shall be as provided in sections 13-21-102 and 13-25-127 (2).

(5) (a) No exemplary damages shall be imposed under subsection (4) of this section which were the result of the use of any drug or product approved for use by any state or federal regulatory agency and used within the approved standards therefor, or used in accordance with standards of prudent health-care professionals.

(b) No exemplary damages shall be imposed under subsection (4) of this section which were the result of the use of any drug or product subject to the provisions of paragraph (a) of this subsection (5) when the clinically justified use of such drug or product is beyond the regulatory approvals or standards therefor and is in accordance with standards of prudent health-care professionals, and when such use has been agreed to pursuant to the written informed consent of the recipient.

(6) No exemplary damages shall be assessed against a health-care professional as a result of the acts of others unless he specifically directed the act to be done or ratified the same.

(7) For the purposes of this section, unless the context otherwise requires, "health-care professional" has the same meaning set forth in section 13-64-202 (4).
C.R.S. § 13-64-403 — CO Code / Title 13 / Article 64 / Part 4 / Section 13-64-403
13-64-403. Agreement for medical services - alternative arbitration procedures - form of ag
Status: in_force

13-64-403. Agreement for medical services - alternative arbitration procedures - form of agreement - right to rescind. (1) It is the intent of the general assembly that an arbitration agreement be a voluntary agreement between a patient and a health-care provider and no medical malpractice insurer shall require a health-care provider to utilize arbitration agreements as a condition of providing medical malpractice insurance to such health-care provider. Making the use of arbitration agreements a condition to the provision of medical malpractice insurance shall constitute an unfair insurance practice and shall be subject to the provisions, remedies, and penalties prescribed in part 11 of article 3 of title 10, C.R.S.

(1.5) Exemplary damages may be awarded in any arbitration proceeding held pursuant to this section in accordance with section 13-21-102 (1) to (3) and (6). Any award of exemplary damages in a proceeding held pursuant to this section may be modified by the district court upon petition to the district court alleging that the award of such damages was either excessive or inadequate.

(2) Any agreement for the provision of medical services which contains a provision for binding arbitration of any dispute as to professional negligence of a health-care provider that conforms to the provisions of this section shall not be deemed contrary to the public policy of this state, except as provided in subsection (10) of this section.

(3) Any such agreement shall have the following statement set forth as part of the agreement: "It is understood that any claim of medical malpractice, including any claim that medical services were unnecessary or unauthorized or were improperly, negligently, or incompetently rendered or omitted, will be determined by submission to binding arbitration in accordance with the provisions of part 2 of article 22 of this title, and not by a lawsuit or resort to court process except as Colorado law provides for judicial review of arbitration proceedings. The patient has the right to seek legal counsel concerning this agreement, and has the right to rescind this agreement by written notice to the physician within ninety days after the agreement has been signed and executed by both parties unless said agreement was signed in contemplation of the patient being hospitalized, in which case the agreement may be rescinded by written notice to the physician within ninety days after release or discharge from the hospital or other health-care institution. Both parties to this agreement, by entering into it, have agreed to the use of binding arbitration in lieu of having any such dispute decided in a court of law before a jury."

(4) Immediately preceding the signature lines for such an agreement, the following notice shall be printed in at least ten-point, bold-faced type:

NOTE: BY SIGNING THIS AGREEMENT YOU ARE AGREEING TO HAVE ANY ISSUE OF MEDICAL MALPRACTICE DECIDED BY NEUTRAL BINDING ARBITRATION RATHER THAN BY A JURY OR COURT TRIAL.

YOU HAVE THE RIGHT TO SEEK LEGAL COUNSEL AND YOU HAVE THE RIGHT TO RESCIND THIS AGREEMENT WITHIN NINETY DAYS FROM THE DATE OF SIGNATURE BY BOTH PARTIES UNLESS THE AGREEMENT WAS SIGNED IN CONTEMPLATION OF HOSPITALIZATION IN WHICH CASE YOU HAVE NINETY DAYS AFTER DISCHARGE OR RELEASE FROM THE HOSPITAL TO RESCIND THE AGREEMENT.

NO HEALTH-CARE PROVIDER SHALL WITHHOLD THE PROVISION OF EMERGENCY MEDICAL SERVICES TO ANY PERSON BECAUSE OF THAT PERSON'S FAILURE OR REFUSAL TO SIGN AN AGREEMENT CONTAINING A PROVISION FOR BINDING ARBITRATION OF ANY DISPUTE ARISING AS TO PROFESSIONAL NEGLIGENCE OF THE PROVIDER.

NO HEALTH-CARE PROVIDER SHALL REFUSE TO PROVIDE MEDICAL CARE SERVICES TO ANY PATIENT SOLELY BECAUSE SUCH PATIENT REFUSED TO SIGN SUCH AN AGREEMENT OR EXERCISED THE NINETY-DAY RIGHT OF RESCISSION.

(5) Once signed, the agreement shall govern all subsequent provision of medical services for which the agreement was signed until or unless rescinded by written notice. Written notice of such rescission may be given by a guardian or conservator of the patient if the patient is incapacitated or a minor. Where the agreement is one for medical services to a minor, it shall not be subject to disaffirmation by the minor if signed by the minor's parent or legal guardian.

(6) The patient shall be provided with a written copy of any agreement subject to the provisions of this section at the time that it is signed by the parties.

(7) No health-care provider shall refuse to provide medical care services to any patient solely because such patient refused to sign such an agreement or exercised the ninety-day right of rescission.

(8) No health-care provider shall withhold the provision of emergency medical services to any person because of that person's failure or refusal to sign an agreement containing a provision for binding arbitration of any dispute arising as to professional negligence of the provider.

(9) If a health-care provider refuses to provide medical care services to any patient in violation of subsection (7) of this section or withholds the provision of emergency medical services to any person in violation of subsection (8) of this section or fails to comply with the requirements of subsection (3) or (4) or both of this section, such refusal or withholding of services shall constitute unprofessional conduct as such term is used under the relevant licensing statute governing that particular care provider, and the appropriate authority which conducts disciplinary proceedings relating to such health-care provider shall consider and take appropriate disciplinary action against such health-care provider as provided under the relevant licensing statute.

(10) Even where it complies with the provisions of this section, such an agreement may nevertheless be declared invalid by a court if it is shown by clear and convincing evidence that:

(a) The agreement failed to meet the standards for such agreements as specified in this section; or

(b) The execution of the agreement was induced by fraud; or

(c) The patient executed the agreement as a direct result of the willful or negligent disregard of the patient's right to refrain from such execution; or

(d) The patient executing the agreement was not able to communicate effectively in spoken and written English, unless the agreement is written in his native language.

(11) No such agreement may be submitted to a patient for approval when the patient's condition prevents the patient from making a rational decision whether or not to execute such an agreement.

(12) For the purposes of this section:

(a) (I) "Health-care provider" means any person licensed or certified by the state of Colorado to deliver health care and any clinic, health dispensary, or health facility licensed by the state of Colorado. The term includes any professional corporation or other professional entity comprised of such health-care providers as permitted by the laws of this state.

(II) (A) Nothing in this subsection (12)(a) shall be construed to permit a professional service corporation, as described in section 12-240-138, to practice medicine.

(B) Nothing in this paragraph (a) shall be construed to otherwise create an exception to the corporate practice of medicine doctrine.

(b) "Professional negligence" means a negligent act or omission by a health-care provider in the rendering of professional services, which act or omission is the proximate cause of personal injury or wrongful death, as long as such services are within the scope of services for which the provider is licensed.
C.R.S. § 13-3-114 — CO Code / Title 13 / Article 3 / Section 13-3-114
13-3-114. State court administrator - compensation for exonerated persons - definitions -
Status: in_force

13-3-114. State court administrator - compensation for exonerated persons - definitions - annual payments - child support payments - financial literacy training - qualified health plan - damages awarded in civil actions - reimbursement to the state. (1) As used in this section, unless the context otherwise requires:

(a) "Annual payment" means a payment of monetary compensation made by the state court administrator or his or her designee to an exonerated person pursuant to this section. An annual payment shall be in the amount of one hundred thousand dollars, which amount shall be adjusted annually by the state auditor to account for inflation; except that:

(I) If the remaining amount of the state's duty of monetary compensation owed to the exonerated person is less than one hundred thousand dollars, the amount of the annual payment shall be equal to the remaining amount; and

(II) The amount of an annual payment may be reduced as described in subsection (5) of this section.

(b) "Exonerated person" means a person who has been determined by a district court pursuant to section 13-65-102 to be actually innocent, as defined in section 13-65-101 (1).

(c) "Incarceration" means a person's custody in a county jail or a correctional facility while he or she serves a sentence issued pursuant to the person's conviction of a felony or pursuant to the person's adjudication as a juvenile delinquent for the commission of one or more offenses that would be felonies if committed by a person eighteen years of age or older. For the purposes of this section, "incarceration" includes placement as a juvenile to the custody of the state department of human services or a county department of human or social services.

(d) "Personal financial management instruction course" means a personal financial management instruction course that has been approved by the United States trustee's office pursuant to 11 U.S.C. sec. 111.

(e) "State's duty of monetary compensation" means the total amount of monetary compensation owed by the state to an exonerated person.

(2) Not more than fourteen days after the state court administrator receives directions from a district court pursuant to section 13-65-103 to compensate an exonerated person, the state court administrator shall:

(a) Issue an annual payment to the exonerated person. Annually thereafter, on or before the date that such payment was made, until the state's duty of monetary compensation is satisfied, the state court administrator or his or her designee shall issue an annual payment to the exonerated person.

(b) Pay on the exonerated person's behalf any amount of compensation for child support payments owed by the exonerated person that became due during his or her incarceration, or any amount of interest on child support arrearages that accrued during his or her incarceration but which have not been paid, as described in section 13-65-103 (2)(e)(III). The state court administrator, or his or her designee, shall make such payment in a lump sum to the appropriate county department of human or social services or other agency responsible for receiving such payments not more than thirty days after the state court administrator receives directions from a district court to compensate an exonerated person pursuant to section 13-65-103.

(c) Pay on the exonerated person's behalf the amount of reasonable attorney fees awarded to the exonerated person pursuant to section 13-65-103 (2)(e)(IV).

(3) The amount of any payment made to, or on behalf of, an exonerated person pursuant to this section shall be deducted from the state's duty of monetary compensation to the exonerated person.

(4) Notwithstanding the provisions of paragraph (a) of subsection (2) of this section, after the state court administrator has issued one annual payment to an exonerated person, the state court administrator shall not issue another annual payment to the exonerated person until the exonerated person has completed a personal financial management instruction course.

(5) In each year in which the state court administrator issues an annual payment to an exonerated person, the person's annual payment shall be reduced by ten thousand dollars if the person fails to present to the state court administrator a policy or certificate showing that the person has purchased or otherwise acquired a qualified health plan for himself or herself and his or her dependents that is valid for at least six months. Such amount shall be deducted from the state's duty of monetary compensation to the exonerated person as if such amount had been issued to the exonerated person.

(6) (a) An exonerated person who receives monetary compensation pursuant to this section shall reimburse the state for the total amount of annual payments made to the exonerated person pursuant to this section if:

(I) The exonerated person prevails in or settles a civil action against the state or against any other government body in a civil action concerning the same acts that are the bases for the petition for compensation; and

(II) The judgment rendered in the civil action or the settlement of the civil action includes an award of monetary damages to the exonerated person.

(b) For the purposes of paragraph (a) of this subsection (6), in any proceeding that satisfies the description set forth in said paragraph (a), upon a satisfactory showing by the state that the exonerated person has received monetary compensation pursuant to this section, the court shall offset a sufficient amount of moneys from the exonerated person's award of monetary damages to reimburse the state for such monetary compensation. The court shall transfer such moneys to the state treasurer, who shall credit the moneys to the general fund.

(7) Notwithstanding any provision of this section, the state court administrator shall not issue an annual payment to an exonerated person if:

(a) (I) The exonerated person has prevailed in or settled a civil action for monetary damages as described in subsection (6) of this section; and

(II) The amount of the monetary damages awarded by the court in the civil action, or stipulated in the settlement of the action, and collected by the exonerated person equals or exceeds the remaining amount of the state's duty of monetary compensation to the exonerated person;

(b) The exonerated person is convicted of a class 1 or class 2 felony, or of an offense that would be considered a class 1 or class 2 felony in Colorado, after the date upon which a court issues an order of compensation on the person's behalf; or

(c) The person has not yet completed a personal financial management instruction course, as required by subsection (4) of this section.

(8) (a) At any point after the state court administrator makes an annual payment to an exonerated person pursuant to subsection (2) of this section, the exonerated person may elect to receive the remaining balance of the state's duty of monetary compensation in a lump sum by:

(I) Notifying the state court administrator, the governor, and the general assembly of such election, which notification must be provided in writing;

(II) Completing a personal financial management instruction course; and

(III) Acquiring and committing to maintain a qualified health insurance plan.

(b) Upon receiving written documentation that an exonerated person has satisfied the requirements described in subsection (8)(a) of this section, the state court administrator shall pay to the exonerated person the balance of the state's duty of monetary compensation not later than one year after receiving such written documentation.
C.R.S. § 13-5-142.5 — CO Code / Title 13 / Article 5 / Part 1 / Section 13-5-142.5
13-5-142.5. National instant criminal background check system - judicial process for awardin
Status: in_force

13-5-142.5. National instant criminal background check system - judicial process for awarding relief from federal prohibitions - legislative declaration. (1) Legislative declaration. The purpose of this section is to set forth a judicial process whereby a person may apply or petition for relief from federal firearms prohibitions imposed pursuant to 18 U.S.C. sec. 922 (d)(4) and (g)(4), as permitted by the federal "NICS Improvement Amendments Act of 2007" (Pub.L. 110-180, sec. 105).

(2) Eligibility. A person may petition for relief pursuant to this section if:

(a) (I) He or she has been found to be incapacitated by order of the court pursuant to part 3 of article 14 of title 15, C.R.S.;

(II) The person has been committed by order of the court to the custody of the behavioral health administration in the department of human services pursuant to section 27-81-112; or

(III) The court has entered an order for the person's involuntary certification for short-term treatment of a mental health disorder pursuant to section 27-65-108.5 or 27-65-109, for extended certification for treatment of a mental health disorder pursuant to section 27-65-109 (10), or for long-term care and treatment of a mental health disorder pursuant to section 27-65-110; and

(b) He or she is a person to whom the sale or transfer of a firearm or ammunition is prohibited by 18 U.S.C. sec. 922 (d)(4), or who is prohibited from shipping, transporting, possessing, or receiving a firearm or ammunition pursuant to 18 U.S.C. sec. 922 (g)(4).

(3) Due process. In a court proceeding pursuant to this section:

(a) The petitioner shall have an opportunity to submit his or her own evidence to the court concerning his or her petition;

(b) The court shall review the evidence; and

(c) The court shall create and thereafter maintain a record of the proceeding.

(4) Proper record. In determining whether to grant relief to a petitioner pursuant to this section, the court shall receive evidence concerning, and shall consider:

(a) The circumstances regarding the firearms prohibitions imposed by 18 U.S.C. sec. 922 (g)(4);

(b) The petitioner's record, which must include, at a minimum, the petitioner's mental health records and criminal history records; and

(c) The petitioner's reputation, which the court shall develop, at a minimum, through character witness statements, testimony, or other character evidence.

(5) Proper findings. (a) Before granting relief to a petitioner pursuant to this section, the court shall issue findings that:

(I) The petitioner is not likely to act in a manner that is dangerous to public safety; and

(II) Granting relief to the petitioner is not contrary to the public interest.

(b) (I) If the court denies relief to a petitioner pursuant to this section, the petitioner may petition the court of appeals to review the denial, including the record of the denying court.

(II) A review of a denial shall be de novo in that the court of appeals may, but is not required to, give deference to the decision of the denying court.

(III) In reviewing a denial, the court of appeals has discretion, but is not required, to receive additional evidence necessary to conduct an adequate review.
C.R.S. § 13-40-127 — CO Code / Title 13 / Article 40 / Section 13-40-127
13-40-127. Eviction legal assistance - fund - rules - report - definitions - repeal
Status: repealed

13-40-127. Eviction legal assistance - fund - rules - report - definitions - repeal. (1) As used in this section, unless the context otherwise requires:

(a) "Administrator" means the state court administrator, appointed pursuant to section 13-3-101.

(b) "Fund" means the eviction legal defense fund established in subsection (2) of this section.

(c) "Indigent" means a person whose income does not exceed two hundred percent of the family federal poverty guidelines, adjusted for family size, determined annually by the United States department of health and human services.

(d) "Qualifying organization" means an organization that:

(I) Has demonstrated experience and expertise in providing full service civil legal services to indigent clients;

(II) Is based in Colorado;

(III) Is exempt from taxation pursuant to section 501 (c)(3) of the federal "Internal Revenue Code of 1986", as amended; and

(IV) Obtains more than twenty percent of its funding from sources other than grants from the fund.

(2) There is established in the state treasury the eviction legal defense fund. Pursuant to subsection (3) of this section, the state court administrator is authorized to make grants from the fund to qualifying organizations providing civil legal services to indigent residents of the state of Colorado.

(3) The administrator shall award grants from the fund to qualifying organizations to provide legal advice, counseling, and representation for, and on behalf of, indigent clients who are experiencing an eviction or are at immediate risk of an eviction. Money from the fund may be used for services that include:

(a) Providing legal representation to indigent tenants for resolving civil legal matters related to an eviction or impending eviction. Such representation may include representation in any forcible entry and detainer proceeding or action for monetary damages related to nonpayment of rent or other lease violation, legal assistance prior to the filing of an eviction, or any other judicial actions in which legal representation is necessary to protect the interests of an indigent tenant.

(b) Establishing clinics designed to educate and assist indigent tenants in eviction proceedings, including providing information related to the rights and responsibilities of landlords and tenants;

(c) Providing legal information and advice to indigent tenants;

(d) Referring clients to appropriate persons or agencies that provide assistance with issues related to housing; and

(e) Providing mediation services for disputes between a landlord and tenant that could prevent or resolve the filing of an eviction.

(4) (a) A qualifying organization seeking to receive a grant from the fund shall submit an application each year to the state court administrator on a form provided by the administrator. The application form must request any information that the administrator needs to determine whether the applying organization meets the qualifications for receipt of a grant.

(b) (I) On October 1, 2019, and on July 1 each year thereafter, the administrator shall distribute grants from the fund, subject to available appropriations, to a qualifying organization for each county or city and county in proportion to the number of forcible entry and detainer petitions filed in the county or city and county.

(II) If there is more than one qualifying organization within a county or city and county, the administrator shall disburse the grant for such county or city and county to each qualifying organization in proportion to the number of clients served by each qualifying organization or its predecessor in the preceding year.

(c) Each qualifying organization that receives a grant pursuant to this section shall submit an annual report to the administrator that includes the following information, to the extent possible and to the extent that it does not violate the privilege and confidentiality of an attorney client relationship:

(I) The number of clients served by the organization;

(II) The nature of the assistance rendered to each client, such as providing information, advice, mediation, or representation;

(III) The type of alleged lease violation, if any, for each client;

(IV) The amount of rent in dispute, if any, for each client;

(V) The number of tenants the organization was unable to serve;

(VI) Demographic data for clients assisted by the organization with a grant from the fund, including zip code, household income, family status, race and ethnicity information, age, and disability status;

(VII) The number of referrals to a rental assistance or mediation program provided to clients; and

(VIII) The outcome of each client's case, including whether a case was dismissed, judgment for possession was entered, a stipulated agreement was made that prevented entry of a judgment for possession, a stipulated agreement was made that provided the client with an opportunity to vacate a judgment for possession at a later date, and whether the client had to move from the residence and, if so, whether the client received additional time to move and how much time was provided.

(5) (a) In addition to money transferred to the fund pursuant to section 24-22-118 (2) and any appropriation from the general fund, the administrator may seek, accept, and expend gifts, grants, or donations from private or public sources for the purposes of this section. The administrator shall transmit all money received through gifts, grants, or donations to the state treasurer, who shall credit the money to the fund.

(b) Subject to annual appropriation by the general assembly, the administrator may expend money from the fund for the direct and indirect costs associated with the administration of this section. The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund.

(c) Any unexpended and unencumbered money remaining in the fund at the end of a fiscal year remains in the fund and does not revert to the general fund or any other fund.

(6) (a) On or before December 31, 2024, and on or before December 31 every five years thereafter, the administrator shall evaluate the use of grant money awarded from the fund. This evaluation must consider the following metrics, and whether each has increased or decreased compared to the years before the fund was established:

(I) The percentage of forcible entry and detainer filings that resulted in judgments ordered against tenants, organized by whether the tenant was represented by an attorney;

(II) The number of writs of restitution issued, organized by whether the tenant was represented by an attorney;

(III) The rate of legal representation among defendants facing eviction;

(IV) The number of answers filed in response to forcible entry and detainer petitions, organized by whether the tenant was represented by an attorney;

(V) Based on information reported to the administrator by qualifying organizations, the number of indigent clients who have been referred to programs that provide emergency rent assistance or mediation services or to other public and nonprofit resources that will bolster the economic security of tenants and their families;

(VI) Based on information reported to the administrator by qualifying organizations, the distribution of information to indigent tenants concerning state laws related to the landlord-tenant relationship; and

(VII) Based on information reported to the administrator by qualifying organizations, the number of indigent clients who were provided legal advice.

(b) An evaluation performed pursuant to this subsection (6) must include, and consider, the information provided to the administrator by qualified organizations related to client services pursuant to subsection (4)(c) of this section.

(c) Notwithstanding section 24-1-136 (11)(a)(I), the administrator shall submit an evaluation required pursuant to this subsection (6) to the judiciary committees of the house of representatives and the senate, or any successor committees.

(7) and (8) Repealed.

(9) (a) In accordance with section 24-75-229 (4), three days after June 25, 2021, the state treasurer shall transfer one million five hundred thousand dollars from the affordable housing and home ownership cash fund created in section 24-75-229 (3)(a) to the fund for the purpose of providing legal representation to indigent tenants to resolve civil legal matters arising on and after March 1, 2020, for an eviction or impending eviction related to the public health emergency caused by the COVID-19 public health emergency. The money transferred to the fund pursuant to this subsection (9)(a) must be maintained in a separate account and must be used only for the purposes specified in this subsection (9)(a). Notwithstanding subsection (5)(b) of this section, the state treasurer shall credit all interest and income derived from the deposit and investment of money in the account to the state emergency reserve cash fund created in section 24-77-104 (6)(a) in accordance with section 24-75-226 (4)(c)(II). The general assembly shall appropriate the money transferred to the fund pursuant to this subsection (9)(a) to the administrator for use in accordance with this subsection (9)(a). The administrator shall use the money by December 31, 2024, for the purposes specified in this subsection (9)(a).

(b) Not later than September 1, 2021, the administrator shall use the money transferred to the fund under subsection (9)(a) of this section to make grant awards for the uses specified in subsection (9)(a) of this section to:

(I) Qualifying organizations that have previously been awarded a grant from the fund in the 2020-21 state fiscal year; and

(II) Newly qualifying organizations.

(c) Any money transferred to the fund in accordance with subsection (9)(a) of this section that has not been expended or encumbered as of June 30, 2022, must revert to the affordable housing and home ownership cash fund created in section 24-75-229 (3)(a).

(d) This subsection (9) is repealed, effective July 1, 2025.
C.R.S. § 13-9-110 — CO Code / Title 13 / Article 9 / Section 13-9-110
13-9-110. Other employees
Status: in_force

13-9-110. Other employees. The judge of the probate court shall appoint pursuant to section 13-3-105 such deputy clerks, assistants, reporters, stenographers, and bailiffs as may be necessary for the transaction of the business of the court.
C.R.S. § 13-25-135 — CO Code / Title 13 / Article 25 / Section 13-25-135
13-25-135. Evidence of admissions - civil proceedings - unanticipated outcomes - medical ca
Status: in_force

13-25-135. Evidence of admissions - civil proceedings - unanticipated outcomes - medical care. (1) In any civil action brought by an alleged victim of an unanticipated outcome of medical care, or in any arbitration proceeding related to such civil action, any and all statements, affirmations, gestures, or conduct expressing apology, fault, sympathy, commiseration, condolence, compassion, or a general sense of benevolence which are made by a health-care provider or an employee of a health-care provider to the alleged victim, a relative of the alleged victim, or a representative of the alleged victim and which relate to the discomfort, pain, suffering, injury, or death of the alleged victim as the result of the unanticipated outcome of medical care shall be inadmissible as evidence of an admission of liability or as evidence of an admission against interest.

(2) For purposes of this section, unless the context otherwise requires:

(a) "Health-care provider" means any person licensed or certified by the state of Colorado to deliver health care and any clinic, health dispensary, or health facility licensed by the state of Colorado. The term includes any professional corporation or other professional entity comprised of such health-care providers as permitted by the laws of this state.

(b) "Relative" means a victim's spouse, parent, grandparent, stepfather, stepmother, child, grandchild, brother, sister, half brother, half sister, or spouse's parents. The term includes said relationships that are created as a result of adoption. In addition, "relative" includes any person who has a family-type relationship with a victim.

(c) "Representative" means a legal guardian, attorney, person designated to make decisions on behalf of a patient under a medical power of attorney, or any person recognized in law or custom as a patient's agent.

(d) "Unanticipated outcome" means the outcome of a medical treatment or procedure that differs from an expected result.
C.R.S. § 13-4-109 — CO Code / Title 13 / Article 4 / Section 13-4-109
13-4-109. Certification of cases to the supreme court
Status: in_force

13-4-109. Certification of cases to the supreme court. (1) The court of appeals, prior to final determination, may certify any case before it to the supreme court for its review and final determination, if the court of appeals finds:

(a) The subject matter of the appeal has significant public interest;

(b) The case involves legal principles of major significance; or

(c) The case load of the court of appeals is such that the expeditious administration of justice requires certification.

(2) The supreme court shall consider such certification and may accept the case for final determination or remand it for determination by the court of appeals.

(3) The supreme court may order the court of appeals to certify any case before the court of appeals to the supreme court for final determination.
C.R.S. § 13-5-144 — CO Code / Title 13 / Article 5 / Part 1 / Section 13-5-144
13-5-144. Chief judge - veterans treatment court authority
Status: in_force

13-5-144. Chief judge - veterans treatment court authority. The chief judge of a judicial district may establish an appropriate program for the treatment of veterans and members of the military. In establishing any such program, the chief judge, in collaboration with the probation department, the district attorney, and the state public defender, shall establish program guidelines and eligibility criteria.
C.R.S. § 13-6-403 — CO Code / Title 13 / Article 6 / Part 4 / Section 13-6-403
13-6-403. Jurisdiction of small claims court - limitations
Status: in_force

13-6-403. Jurisdiction of small claims court - limitations. (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 exceed seven thousand five hundred dollars, including such civil penalties as may be provided by law. By way of further example, and not limitation, the small claims court has jurisdiction to hear and determine actions in tort and assess damages in tort actions not to exceed seven thousand five hundred dollars.

(b) The small claims court division also has concurrent original jurisdiction with the county and district courts in actions where a party seeks:

(I) To enforce rights and responsibilities arising under the declaration, bylaws, covenants, or other governing documents of a unit owners' association, as defined in section 38-33.3-103 (3), in relation to disputes arising from assessments, fines, or fees owed to the unit owners' association and for which the amount at issue does not exceed seven thousand five hundred dollars, exclusive of interest and costs.

(II) To enforce a restrictive covenant on residential property and the amount required to comply with the covenant does not exceed seven thousand five hundred dollars, exclusive of interest and costs;

(III) Replevin if the value of the property sought does not exceed seven thousand five hundred dollars; and

(IV) To enforce a contract by specific performance or to disaffirm, avoid, or rescind a contract and the amount at issue does not exceed seven thousand five hundred dollars.

(2) The small claims court has only that jurisdiction specifically conferred upon it by law, as provided in subsection (1) of this section. In particular, it does not have jurisdiction over the following matters:

(a) Those matters excluded from county court jurisdiction under section 13-6-105 (1);

(b) Actions involving claims of defamation by libel or slander;

(c) Actions of forcible entry, forcible detainer, or unlawful detainer;

(d) and (e) (Deleted by amendment, L. 2001, p. 1512, § 2, effective September 1, 2001.)

(f) Actions brought or defended on behalf of a class;

(g) Actions requesting or involving prejudgment remedies;

(h) Actions involving injunctive relief, except as required to:

(I) Enforce rights or responsibilities arising under the declaration, bylaws, covenants, or other governing documents of a unit owners' association, as defined in section 38-33.3-103 (3), and including actions seeking declaratory relief;

(II) Enforce restrictive covenants on residential property;

(III) Enforce the provisions of section 6-1-702.5;

(IV) Accomplish replevin; and

(V) Enter judgments in actions where a party seeks to enforce a contract by specific performance or to disaffirm, avoid, or rescind a contract;

(i) Traffic violations and other criminal matters; or

(j) Awards of body executions.
C.R.S. § 13-8-109 — CO Code / Title 13 / Article 8 / Section 13-8-109
13-8-109. Magistrates
Status: in_force

13-8-109. Magistrates. The judges of the juvenile court of the city and county of Denver may appoint magistrates, as provided in section 19-1-108, C.R.S.
C.R.S. § 13-21-117 — CO Code / Title 13 / Article 21 / Part 1 / Section 13-21-117
13-21-117. Civil liability - mental health providers - duty to warn - definitions
Status: in_force

13-21-117. Civil liability - mental health providers - duty to warn - definitions. (1) As used in this section, unless the context otherwise requires:

(a) "Mental health provider" means a physician, social worker, psychiatric nurse, psychologist, or other mental health professional, or a mental health hospital, behavioral health entity, institution, or their staff.

(b) "Psychiatric nurse" means a registered professional nurse as defined in section 12-255-104 (11) who, by virtue of postgraduate education and additional nursing preparation, has gained knowledge, judgment, and skill in psychiatric or mental health nursing.

(2) (a) A mental health provider is not liable for damages in any civil action for failure to warn or protect a specific person or persons, including those identifiable by their association with a specific location or entity, against the violent behavior of a person receiving treatment from the mental health provider, and any such mental health provider must not be held civilly liable for failure to predict such violent behavior except where the patient has communicated to the mental health provider a serious threat of imminent physical violence against a specific person or persons, including those identifiable by their association with a specific location or entity.

(b) When there is a duty to warn and protect under the provisions of paragraph (a) of this subsection (2), the mental health provider shall make reasonable and timely efforts to notify the person or persons, or the person or persons responsible for a specific location or entity, that is specifically threatened, as well as to notify an appropriate law enforcement agency or to take other appropriate action, including but not limited to hospitalizing the patient. A mental health provider is not liable for damages in any civil action for warning a specific person or persons, or a person or persons responsible for a specific location or entity, against or predicting the violent behavior of a person receiving treatment from the mental health provider.

(c) A mental health provider must not be subject to professional discipline when there is a duty to warn and protect pursuant to this section.

(3) The provisions of this section do not apply to the negligent release of a patient from any mental health hospital or ward or to the negligent failure to initiate involuntary seventy-two-hour treatment and evaluation after a personal patient evaluation determining that the person appears to have a mental health disorder and, as a result of the mental health disorder, appears to be an imminent danger to others.
C.R.S. § 13-24-107 — CO Code / Title 13 / Article 24 / Section 13-24-107
13-24-107. Emergency order
Status: in_force

13-24-107. Emergency order. During a collaborative law process, a tribunal may issue emergency orders to protect the health, safety, welfare, or interest of a party or a minor child of either of the parties.
C.R.S. § 13-5.3-108 — CO Code / Title 13 / Article 5.3 / Section 13-5.3-108
13-5.3-108. Reporting requirements - "State Measurement for Accountable, Responsive, and Tra
Status: in_force

13-5.3-108. Reporting requirements - "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" report - annual report. (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 that the commission dismissed because it lacks jurisdiction over the judge or conduct that is the subject of the complaint;

(b) The number of judicial misconduct investigations performed, the types of complaints investigated, and the results of the investigations;

(c) The types of judicial misconduct complaints reviewed by the commission following an investigation, the number of reviewed complaints that were substantiated, and the number of reviewed complaints that were not substantiated;

(d) The number of formal proceedings pursued;

(e) The number and types of dispositions entered, including the type of any discipline imposed or recommended; and

(f) The demographics, including the gender, age, race, ethnicity, or disability, of judges under discipline or investigation and those directly affected by the potential misconduct.

(2) Beginning January 2023, and every January thereafter, the commission shall report on the activities of the commissioners to the committees of reference of the general assembly as part of its "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" presentation required by section 2-7-203.

(3) (a) The commission shall make the information described in subsection (1) of this section available online in a searchable format and include the information in its annual report. The commission shall report and make the information available in aggregate form and without individually identifiable information concerning a judge, complainant, or witness.

(b) Nothing in this subsection (3) requires the commission to make publicly available any information it is required to keep confidential pursuant to the Colorado constitution or law.
C.R.S. § 13-93-302 — CO Code / Title 13 / Article 93 / Part 3 / Section 13-93-302
13-93-302. Scope of authority to practice
Status: in_force

13-93-302. Scope of authority to practice. (1) A licensed legal paraprofessional's scope of practice is limited to representing a client in:

(a) A legal separation, declaration of invalidity of marriage, or dissolution of marriage or civil union;

(b) An initial allocation or modification of an allocation of parental responsibility matter, including parentage determinations;

(c) A matter involving establishment or modification of child support or maintenance;

(d) Seeking, modifying, or terminating a civil protection order pursuant to article 14 of this title 13;

(e) A matter involving a name change pursuant to section 13-15-101; and

(f) A matter involving a request for an amended birth certificate to change the sex designation of an adult pursuant to section 25-2-113.8.

(2) A licensed legal paraprofessional shall not:

(a) Engage in any tasks or activities that are prohibited by the Colorado supreme court pursuant to court rules;

(b) Represent a client in matters governed by article 2.5, 3, 3.1, 3.3, 4.5, 5, 5.5, or 7 of title 19; or

(c) Represent a client in an immigration matter pursuant to section 6-1-727 unless authorized pursuant to federal law to represent an individual in immigration matters.
C.R.S. § 13-5.5-107 — CO Code / Title 13 / Article 5.5 / Section 13-5.5-107
13-5.5-107. Judicial performance evaluation criteria
Status: in_force

13-5.5-107. Judicial performance evaluation criteria. (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) Integrity, including but not limited to whether the justice or judge:

(I) Avoids impropriety or the appearance of impropriety;

(II) Displays fairness and impartiality toward all participants; and

(III) Avoids ex parte communications;

(b) Legal knowledge, including but not limited to whether the justice or judge:

(I) Demonstrates, through well-reasoned opinions and courtroom conduct, an understanding of substantive law and relevant rules of procedure and evidence;

(II) Demonstrates, through well-reasoned opinions and courtroom conduct, attentiveness to factual and legal issues before the court; and

(III) Adheres to precedent or clearly explains the legal basis for departure from precedent and appropriately applies statutes or other sources of legal authority;

(c) Communication skills, including but not limited to whether the justice or judge:

(I) Presents clearly written and understandable opinions, findings of fact, conclusions of law, and orders;

(II) Presents clearly stated and understandable questions or statements during oral arguments or presentations, and, for trial judges, clearly explains all oral decisions; and

(III) Clearly presents information to the jury, as necessary;

(d) Judicial temperament, including but not limited to whether the justice or judge:

(I) Demonstrates courtesy toward attorneys, litigants, court staff, and others in the courtroom; and

(II) Maintains and requires order, punctuality, and appropriate decorum in the courtroom;

(e) Administrative performance, including but not limited to whether the justice or judge:

(I) Demonstrates preparation for oral arguments, trials, and hearings, as well as attentiveness to and appropriate control over judicial proceedings;

(II) Manages workload and court time effectively and efficiently;

(III) Issues opinions, findings of fact, conclusions of law, and orders in a timely manner and without unnecessary delay;

(IV) Participates in a proportionate share of the court's workload, takes responsibility for more than his or her own caseload, and is willing to assist other justices or judges; and

(V) Understands and complies, as necessary, with directives of the Colorado supreme court; and

(f) Service to the legal profession and the public by participating in service-oriented efforts designed to educate the public about the legal system and improve the legal system.
C.R.S. § 13-62.3-108 — CO Code / Title 13 / Article 62.3 / Section 13-62.3-108
13-62.3-108. Stay of enforcement proceedings
Status: in_force

13-62.3-108. Stay of enforcement proceedings. A person that files a petition under section 13-62.3-107 (1) to vacate registration of a Canadian judgment may request the court to stay enforcement of the judgment pending determination of the petition. The court shall grant the stay if the court determines that the person has established a likelihood of success on the merits with regard to a ground under section 13-62.3-107 (2) for vacating a registration. The court may require the person to provide security in an amount determined by the court.
C.R.S. § 13-90-119 — CO Code / Title 13 / Article 90 / Part 1 / Section 13-90-119
13-90-119. Privilege for newsperson
Status: in_force

13-90-119. Privilege for newsperson. (1) As used in this section, unless the context otherwise requires:

(a) "Mass medium" means any publisher of a newspaper or periodical; wire service; radio or television station or network; news or feature syndicate; or cable television system.

(b) "News information" means any knowledge, observation, notes, documents, photographs, films, recordings, videotapes, audiotapes, and reports, and the contents and sources thereof, obtained by a newsperson while engaged as such, regardless of whether such items have been provided to or obtained by such newsperson in confidence.

(c) "Newsperson" means any member of the mass media and any employee or independent contractor of a member of the mass media who is engaged to gather, receive, observe, process, prepare, write, or edit news information for dissemination to the public through the mass media.

(d) "Press conference" means any meeting or event called for the purpose of issuing a public statement to members of the mass media, and to which members of the mass media are invited in advance.

(e) "Proceeding" means any civil or criminal investigation, discovery procedure, hearing, trial, or other process for obtaining information conducted by, before, or under the authority of any judicial body of the state of Colorado. Such term shall not include any investigation, hearing, or other process for obtaining information conducted by, before, or under the authority of the general assembly.

(f) "Source" means any person from whom or any means by or through which news information is received or procured by a newsperson, while engaged as such, regardless of whether such newsperson was requested to hold confidential the identity of such person or means.

(2) Notwithstanding any other provision of law to the contrary and except as provided in subsection (3) of this section, no newsperson shall, without such newsperson's express consent, be compelled to disclose, be examined concerning refusal to disclose, be subjected to any legal presumption of any kind, or be cited, held in contempt, punished, or subjected to any sanction in any judicial proceedings for refusal to disclose any news information received, observed, procured, processed, prepared, written, or edited by a newsperson, while acting in the capacity of a newsperson; except that the privilege of nondisclosure shall not apply to the following:

(a) News information received at a press conference;

(b) News information which has actually been published or broadcast through a medium of mass communication;

(c) News information based on a newsperson's personal observation of the commission of a crime if substantially similar news information cannot reasonably be obtained by any other means;

(d) News information based on a newsperson's personal observation of the commission of a class 1, 2, or 3 felony.

(3) Notwithstanding the privilege of nondisclosure granted in subsection (2) of this section, any party to a proceeding who is otherwise authorized by law to issue or obtain subpoenas may subpoena a newsperson in order to obtain news information by establishing by a preponderance of the evidence, in opposition to a newsperson's motion to quash such subpoena:

(a) That the news information is directly relevant to a substantial issue involved in the proceeding;

(b) That the news information cannot be obtained by any other reasonable means; and

(c) That a strong interest of the party seeking to subpoena the newsperson outweighs the interests under the first amendment to the United States constitution of such newsperson in not responding to a subpoena and of the general public in receiving news information.

(4) The privilege of nondisclosure established by subsection (2) of this section may be waived only by the voluntary testimony or disclosure of a newsperson that directly addresses the news information or identifies the source of such news information sought. A publication or broadcast of a news report through the mass media concerning the subject area of the news information sought, but which does not directly address the specific news information sought, shall not be deemed a waiver of the privilege of nondisclosure as to such specific news information.

(5) In any trial to a jury in an action in which a newsperson is a party as a result of such person's activities as a newsperson and in which the newsperson has invoked the privilege created by subsection (2) of this section, the jury shall be neither informed nor allowed to learn that such newsperson invoked such privilege or has thereby declined to disclose any news information.

(6) Nothing in this section shall preclude the issuance of a search warrant in compliance with the federal "Privacy Protection Act of 1980", 42 U.S.C. sec. 2000aa.
C.R.S. § 13-80-119 — CO Code / Title 13 / Article 80 / Section 13-80-119
13-80-119. Damages sustained during commission of a felonious act or in flight from the com
Status: in_force

13-80-119. Damages sustained during commission of a felonious act or in flight from the commission of a felonious act. (1) No person, his or her estate, or his or her personal representative shall have a right to recover damages sustained during the commission of or during immediate flight from an act that is defined by any law of this state or the United States to be a felony, if the conditions stipulated in this section apply.

(2) (a) The court shall dismiss the action for damages and award attorney fees and costs to the person against whom the action was brought if the person bringing the action, on whose behalf an action has been brought, or in the case of a wrongful death action, the decedent, has been convicted of the felony or has been adjudicated a delinquent as a result of the commission of the act, unless the damage was caused by the willful and deliberate act of another person; except that such exception shall not apply if the person who caused the injuries acted:

(I) Under a reasonable belief that physical force was reasonable and appropriate to prevent injury to himself or herself or to others, using a degree of force that he or she reasonably believed necessary for that purpose; or

(II) Under a reasonable belief that physical force was reasonable and appropriate to prevent the commission of a felony, using a degree of force that he or she reasonably believed necessary for that purpose; or

(III) As a peace officer, as such person is described in section 16-2.5-101, C.R.S., acting within the scope of the officer's employment and acting pursuant to section 18-1-707, C.R.S.

(a.5) The court shall dismiss the action for damages and award attorney fees and costs to the person against whom the action was brought if the person against whom the action was brought is found not guilty of criminal charges for causing the injuries sustained by the person who committed the felony or act that is defined as a felony, or in the case of a wrongful death action for causing the decedent's death, as a result of the commission of the act, unless the damage was caused by the willful and deliberate act of another person; except that such exception shall not apply if the person who caused the injuries acted:

(I) Under a reasonable belief that physical force was reasonable and appropriate to prevent injury to himself or herself or to others, using a degree of force that he or she reasonably believed necessary for that purpose; or

(II) Under a reasonable belief that physical force was reasonable and appropriate to prevent the commission of a felony, using a degree of force that he or she reasonably believed necessary for that purpose; or

(III) As a peace officer, as such person is described in section 16-2.5-101, C.R.S., acting within the scope of the officer's employment and acting pursuant to section 18-1-707, C.R.S.

(a.6) For purposes of paragraph (a.5) of this subsection (2), a finding of not guilty of criminal charges does not include a finding of not guilty by reason of insanity or a finding of not guilty by reason of impaired mental condition.

(b) If paragraph (a.5) of this subsection (2) does not apply and if the person bringing the action for damages or on whose behalf an action has been brought is not convicted of a felony or adjudicated a delinquent as a result of the commission of the act or in the case of a wrongful death action, the court shall submit to the jury hearing the damages claim the issue of whether or not, by a preponderance of the evidence, the person committed an act that is defined by any law of this state or the United States to be a felony. The court shall dismiss the action and award attorney fees and costs to the person against whom the action was brought if the court or jury determines that the damage was sustained during the commission of or during immediate flight from an act that is defined by any law of this state or the United States to be a felony, unless the damage was caused by the willful and deliberate act of another person; except that such exception shall not apply if the person who caused the injury acted:

(I) Under a reasonable belief that physical force was reasonable and appropriate to prevent injury to himself or herself or to others, using a degree of force that he or she reasonably believed necessary for that purpose; or

(II) Under a reasonable belief that physical force was reasonable and appropriate to prevent the commission of a felony, using a degree of force that he or she reasonably believed necessary for that purpose; or

(III) As a peace officer, as such person is described in section 16-2.5-101, C.R.S., acting within the scope of the officer's employment and acting pursuant to section 18-1-707, C.R.S.
C.R.S. § 13-5-124 — CO Code / Title 13 / Article 5 / Part 1 / Section 13-5-124
13-5-124. Appointment of clerk and employees
Status: in_force

13-5-124. Appointment of clerk and employees. District court personnel shall be appointed pursuant to the provisions of section 13-3-105.
C.R.S. § 13-5.7-101 — CO Code / Title 13 / Article 5.7 / Part 1 / Section 13-5.7-101
13-5.7-101. Legislative declaration
Status: in_force

13-5.7-101. Legislative declaration. (1) The general assembly finds and declares that:

(a) Access to justice is a basic principle of the rule of law, and it ensures that all persons, institutions, and entities, public and private, including the state itself, are accountable to laws that are publicly promulgated, equally enforced, and independently adjudicated. In the absence of access to justice, people are unable to have their voice heard, exercise their rights, challenge discrimination, or hold decision makers accountable.

(b) Lack of access to justice is a problem that has serious social, legal, economic, and political consequences;

(c) Since 2003, the Colorado access to justice commission has collaborated with organizations concerned about the gap in access to justice in Colorado to develop and support a range of tools, policies, and services to address this gap. The commission has served as a hub for the many stakeholders working on access to the civil legal process without statutory acknowledgment.

(d) From 2003 to the present, the need for access to justice and the importance of improving access have grown, but the challenges of access to justice in Colorado and around the nation have become more acute;

(e) A study by the Institute for the Advancement of the American Legal System at the university of Denver found that access to justice is a broad societal problem, with sixty-six percent of the American population experiencing at least one legal problem in the past four years and with less than half of those problems being completely resolved;

(f) People with fewer economic resources are a vulnerable population due to lack of access to justice, and Black, Indigenous, and other people of color are particularly vulnerable as they encounter legal issues at a higher rate and of greater seriousness than other populations, according to the Institute for the Advancement of the American Legal System at the university of Denver. A 2022 study by the Legal Services Corporation found that low-income Americans do not receive any or enough legal help for ninety-two percent of their legal problems.

(g) In response to these trends, in 2021, the commission undertook a systematic statewide study to better understand the challenges facing those trying to resolve civil legal problems. The commission conducted a total of forty-one different listen and learn sessions, meeting virtually with legal and community service providers in each of Colorado's twenty-two judicial districts. The study revealed that, due to the complexity of legal matters and the prohibitive cost of legal help, barriers to access impact Coloradans of all backgrounds and from all walks of life.

(h) The COVID-19 pandemic required experimentation and innovation in Colorado's court system and elsewhere, uncovering ways that the legal system can work better for people and organizations with legal needs; and

(i) There is an intersection of need and opportunity with respect to access to civil justice for all Coloradans, such that the commission's ongoing work merits statutory recognition, informing the governor and general assembly through regular, systematic input from the commission.

(2) Therefore, the general assembly recognizes that access to civil courts is a pillar of democracy and enacts this article 5.7 to codify the Colorado access to justice commission and affirm its commitment to equitable access to the civil legal process.
C.R.S. § 13-21-120 — CO Code / Title 13 / Article 21 / Part 1 / Section 13-21-120
13-21-120. Colorado baseball spectator safety act - legislative declaration - limitation on
Status: in_force

13-21-120. Colorado baseball spectator safety act - legislative declaration - limitation on actions - duty to post warning notice. (1) This section shall be known and may be cited as the "Colorado Baseball Spectator Safety Act of 1993".

(2) The general assembly recognizes that persons who attend professional baseball games may incur injuries as a result of the risks involved in being a spectator at such baseball games. However, the general assembly also finds that attendance at such professional baseball games provides a wholesome and healthy family activity which should be encouraged. The general assembly further finds that the state will derive economic benefit from spectators attending professional baseball games. It is therefore the intent of the general assembly to encourage attendance at professional baseball games. Limiting the civil liability of those who own professional baseball teams and those who own stadiums where professional baseball games are played will help contain costs, keeping ticket prices more affordable.

(3) As used in this section, unless the context otherwise requires:

(a) "Owner" means a person, including a corporation, partnership, or limited liability company, who is in lawful possession and control of a professional baseball team or a person, including a corporation, partnership, or limited liability company, who is in lawful possession and control of a stadium in which a professional baseball game is played. "Owner" shall also include the owner's shareholders, partners, directors, officers, employees, and agents.

(b) "Professional baseball game" means any baseball game, whether for exhibition or competition, in which the participating baseball teams are members of a league of professional baseball clubs, commonly known as a major league or a minor league, and which teams are comprised of paid baseball players. "Professional baseball game" shall also include pregame activities and shall include any baseball game or pregame activity regardless of the time of day when the game is played.

(c) "Spectator" means a person who is present at a professional baseball game for the purpose of observing such game, whether or not a fee is paid by such "spectator".

(4) (a) Spectators of professional baseball games are presumed to have knowledge of and to assume the inherent risks of observing professional baseball games, insofar as those risks are obvious and necessary. These risks include, but are not limited to, injuries which result from being struck by a baseball or a baseball bat.

(b) Except as provided in subsection (5) of this section, the assumption of risk set forth in this subsection (4) shall be a complete bar to suit and shall serve as a complete defense to a suit against an owner by a spectator for injuries resulting from the assumed risks, notwithstanding the provisions of sections 13-21-111 and 13-21-111.5. Except as provided in subsection (5) of this section, an owner shall not be liable for an injury to a spectator resulting from the inherent risks of attending a professional baseball game, and, except as provided in subsection (5) of this section, no spectator nor spectator's representative shall make any claim against, maintain an action against, or recover from an owner for injury, loss, or damage to the spectator resulting from any of the inherent risks of attending a professional baseball game.

(c) Nothing in this section shall preclude a spectator from suing another spectator for any injury to person or property resulting from such other spectator's acts or omissions.

(5) Nothing in subsection (4) of this section shall prevent or limit the liability of an owner who:

(a) Fails to make a reasonable and prudent effort to design, alter, and maintain the premises of the stadium in reasonably safe condition relative to the nature of the game of baseball;

(b) Intentionally injures a spectator; or

(c) Fails to post and maintain the warning signs required pursuant to subsection (6) of this section.

(6) (a) Every owner of a stadium where professional baseball games are played shall post and maintain signs which contain the warning notice specified in paragraph (b) of this subsection (6). Such signs shall be placed in conspicuous places at the entrances outside the stadium and at stadium facilities where tickets to professional baseball games are sold. The warning notice specified in paragraph (b) of this subsection (6) shall appear on the sign in black letters, with each letter to be a minimum of one inch in height.

(b) The signs described in paragraph (a) of this subsection (6) shall contain the following warning notice:

WARNING

UNDER COLORADO LAW, A SPECTATOR OF PROFESSIONAL BASEBALL ASSUMES THE RISK OF ANY INJURY TO PERSON OR PROPERTY RESULTING FROM ANY OF THE INHERENT DANGERS AND RISKS OF SUCH ACTIVITY AND MAY NOT RECOVER FROM AN OWNER OF A BASEBALL TEAM OR AN OWNER OF A STADIUM WHERE PROFESSIONAL BASEBALL IS PLAYED FOR INJURY RESULTING FROM THE INHERENT DANGERS AND RISKS OF OBSERVING PROFESSIONAL BASEBALL, INCLUDING BUT NOT LIMITED TO, BEING STRUCK BY A BASEBALL OR A BASEBALL BAT.

(7) Insofar as any provision of law or statute is inconsistent with the provisions of this section, this section shall control.
C.R.S. § 13-16-118 — CO Code / Title 13 / Article 16 / Section 13-16-118
13-16-118. Clerk to tax costs
Status: in_force

13-16-118. Clerk to tax costs. 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.
C.R.S. § 13-30-101 — CO Code / Title 13 / Article 30 / Section 13-30-101
13-30-101. Short title
Status: in_force

13-30-101. Short title. This article shall be known and may be cited as the "Colorado Judicial Compensation Act".
C.R.S. § 13-26-103 — CO Code / Title 13 / Article 26 / Section 13-26-103
13-26-103. Records of trust departments or companies not excepted
Status: in_force

13-26-103. Records of trust departments or companies not excepted. The records of the trust department of a bank or trust company are not such records as are excepted under the phrase "held in a custodial or fiduciary capacity" in section 13-26-102. The originals of such trust records may be reproduced at any time and destroyed at any time, if done in good faith and without wrongful intent. Neither the manner in which an original is destroyed, whether voluntarily or by casualty or otherwise, nor the fact that it may have been destroyed while it was held in a custodial or fiduciary capacity shall affect the admissibility of a reproduction.
C.R.S. § 13-93-202 — CO Code / Title 13 / Article 93 / Part 2 / Section 13-93-202
13-93-202. Practice by law student intern
Status: in_force

13-93-202. Practice by law student intern. (1) An eligible law student intern, as specified in section 13-93-203, may appear and participate in any civil proceeding in any municipal, county, or district court or before any administrative agency in this state or in any county or municipal court criminal proceeding, except when the defendant has been charged with a felony, or in any juvenile proceeding in any municipal or county court or before any magistrate in any juvenile or other proceeding or any parole revocation under the following circumstances:

(a) If the person on whose behalf he or she is appearing has indicated his or her consent to that appearance and the law student intern is under the supervision of a supervising lawyer, as specified in section 13-93-205;

(b) When representing the office of the state public defender and its clients, if the person on whose behalf he or she is appearing has indicated his or her consent to that appearance and the law student intern is under the supervision of the public defender or one of his or her deputies; and

(c) On behalf of the state or any of its departments, agencies, or institutions, a county, a city, or a town, with the written approval and under the supervision of the attorney general, attorney for the state, county attorney, district attorney, city attorney, town attorney, or authorized legal services organization. A general approval for the law student intern to appear, executed by the appropriate supervising attorney pursuant to this subsection (1)(c), shall be filed with the clerk of the applicable court and brought to the attention of the judge thereof.

(2) The consent or approval referred to in subsection (1) of this section, except a general approval, shall be made in the record of the case and shall be brought to the attention of the judge of the court or the presiding officer of the administrative tribunal.

(3) In addition to the activities authorized in subsection (1) of this section, an eligible law student intern may engage in other activities under the general supervision of a supervising lawyer, including but not limited to the preparation of pleadings, briefs, and other legal documents that must be approved and signed by the supervising lawyer and assistance to indigent inmates of correctional institutions who have no attorney of record and who request such assistance in preparing applications and supporting documents for postconviction relief.
C.R.S. § 13-21-1203 — CO Code / Title 13 / Article 21 / Part 12 / Section 13-21-1203
13-21-1203. Definitions
Status: in_force

13-21-1203. Definitions. As used in this part 12, unless the context otherwise requires:

(1) "Consent" has the same meaning as provided in section 18-1-505, C.R.S.

(2) "Intentionally" has the same meaning as provided in section 18-1-501 (5), C.R.S.

(3) "Knowingly" has the same meaning as provided in section 18-1-501 (6), C.R.S.

(4) "Pregnancy" means the presence of an implanted human embryo or fetus within the uterus of a woman.

(5) "Recklessly" has the same meaning as provided in section 18-1-501 (8), C.R.S.

(6) "Unlawful termination of pregnancy" means the termination of a pregnancy by any means other than birth or a medical procedure, instrument, agent, or drug for which the consent of the pregnant woman, or a person authorized by law to act on her behalf, has been obtained, or for which the pregnant woman's consent is implied by law.
C.R.S. § 13-21-404 — CO Code / Title 13 / Article 21 / Part 4 / Section 13-21-404
13-21-404. Inadmissible evidence
Status: in_force

13-21-404. Inadmissible evidence. In any product liability action, evidence of any scientific advancements in technical or other knowledge or techniques, or in design theory or philosophy, or in manufacturing or testing knowledge, techniques, or processes, or in labeling, warnings of risks or hazards, or instructions for the use of such product, where such advancements were discovered subsequent to the time the product in issue was sold by the manufacturer, shall not be admissible for any purpose other than to show a duty to warn.
C.R.S. § 13-6-207 — CO Code / Title 13 / Article 6 / Part 2 / Section 13-6-207
13-6-207. Bond
Status: repealed

13-6-207. Bond. (Repealed)
C.R.S. § 13-54-105 — CO Code / Title 13 / Article 54 / Section 13-54-105
13-54-105. No exemption for taxes
Status: in_force

13-54-105. No exemption for taxes. Nothing in this article shall be construed to exempt any property of any debtor from sale for the payment of any taxes legally assessed.
C.R.S. § 13-10-104.5 — CO Code / Title 13 / Article 10 / Section 13-10-104.5
13-10-104.5. Municipal court - municipal ordinance - act of domestic violence - report - repe
Status: repealed

13-10-104.5. Municipal court - municipal ordinance - act of domestic violence - report - repeal. (1) If a municipality has a municipal ordinance that criminalizes an act of domestic violence, as defined in section 18-6-800.3, the municipality shall adopt an ordinance establishing:

(a) That victims, victims' families, and witnesses of a violation of an act of domestic violence receive protections and rights equivalent to those afforded to victims, victims' families, and witnesses pursuant to the "Victim Rights Act", part 3 of article 4.1 of title 24, as it relates to an act of domestic violence, by establishing that:

(I) The law enforcement agency within the municipality is responsible for providing equivalent rights afforded to victims pursuant to section 24-4.1-303 (2), (5), (7), (9), (10), and (14.9);

(II) The city attorney within the municipality is responsible for providing the equivalent rights afforded to victims pursuant to section 24-4.1-303 (3), (3.5), (4), (5), (6), (7), (9), (11), (12), and (13);

(III) The municipal court is responsible for providing the equivalent rights afforded to victims pursuant to section 24-4.1-303 (3.5), (6), (14.4), (14.5), and (14.7);

(IV) The municipal court probation office is responsible for providing the equivalent rights afforded to victims pursuant to section 24-4.1-303 (13.5); and

(V) The law enforcement agency within the municipality, the city attorney within the municipality, the municipal court, and the municipal court probation office are responsible for ensuring victims are afforded equivalent rights to those described in section 24-4.1-302.5.

(b) Sentencing for violations that are equivalent to the domestic violence sentences described in section 18-6-801 (1), (3), (4), (5), (6), and (8), to the extent consistent with the jurisdiction of the municipal court;

(c) Conditions of probation that the court may impose consistent with the conditions described in section 18-1.3-204 (2);

(d) Conditions of release on bond that are consistent with the conditions described in section 16-4-105 (4) and (4.1);

(e) Guidelines and standards that are consistent with the guidelines and standards adopted by the domestic violence offender management board pursuant to section 16-11.8-103 (4); and

(f) A requirement that the prosecuting attorney who initially meets with the victim after the charges are filed make a reasonable effort to remain as the prosecuting attorney throughout the proceeding.

(2) In a case involving an alleged violation of a municipal ordinance that criminalizes an act of domestic violence, as defined in section 18-6-800.3, the municipal court shall:

(a) Issue a protection order that meets the minimum standards required pursuant to sections 18-1-1001 (3) and 18-1-1001 (5), to the extent consistent with the jurisdiction of the municipal court;

(b) Report or cause to be reported the alleged violation to the Colorado bureau of investigation created in section 24-33.5-401, and enter the information into the Colorado crime information center database and the national crime information center database; and

(c) Search the Colorado bureau of investigation created in section 24-33.5-401, the Colorado crime information center database, and the national crime information center system database to determine if the respondent has a history of domestic violence.

(3) Any case involving an alleged violation of a municipal ordinance that criminalizes an act of domestic violence, as defined in section 18-6-800.3, is a misdemeanor for purposes of complying with 18 U.S.C. sec. 921.

(4) Any affected person may enforce compliance with this section by notifying the crime victim services advisory board created in section 24-4.1-117.3 (1) of any noncompliance with this section. The crime victim services advisory board shall review any report of noncompliance, and, if the board determines that the report of noncompliance has a basis in fact and cannot be resolved, the board shall refer the report of noncompliance to the governor, who shall request that the attorney general file suit to enforce compliance with this section. A person, corporation, or other legal entity is not entitled to claim or to receive any damages or other financial redress for any failure to comply with this section.

(5) (a) Beginning January 2025 and each year until January 2029, the department of public safety shall report to the house of representatives judiciary committee and the senate judiciary committee, or their successor committees, during the department's "SMART Act" hearing the total number of reports and inquiries submitted to the Colorado bureau of investigation, the Colorado crime information center database, and the national crime information center database pursuant to subsections (2)(b) and (2)(c) of this section, aggregated by municipality.

(b) This subsection (5) is repealed, effective July 1, 2029.
C.R.S. § 13-93-201 — CO Code / Title 13 / Article 93 / Part 2 / Section 13-93-201
13-93-201. Legal aid dispensaries - law students practice
Status: in_force

13-93-201. Legal aid dispensaries - law students practice. Students of any law school that maintains a legal-aid dispensary where poor or legally underserved persons receive legal advice and services shall, when representing the dispensary and its clients, be authorized to advise clients on legal matters and appear in court or before any arbitration panel as if licensed to practice law.
C.R.S. § 13-64-401 — CO Code / Title 13 / Article 64 / Part 4 / Section 13-64-401
13-64-401. Qualifications as expert witness in medical malpractice actions or proceedings
Status: in_force

13-64-401. Qualifications as expert witness in medical malpractice actions or proceedings. No person shall be qualified to testify as an expert witness concerning issues of negligence in any medical malpractice action or proceeding against a physician unless he not only is a licensed physician but can demonstrate by competent evidence that, as a result of training, education, knowledge, and experience in the evaluation, diagnosis, and treatment of the disease or injury which is the subject matter of the action or proceeding against the physician defendant, he was substantially familiar with applicable standards of care and practice as they relate to the act or omission which is the subject of the claim on the date of the incident. The court shall not permit an expert in one medical subspecialty to testify against a physician in another medical subspecialty unless, in addition to such a showing of substantial familiarity, there is a showing that the standards of care and practice in the two fields are similar. The limitations in this section shall not apply to expert witnesses testifying as to the degree or permanency of medical or physical impairment.
C.R.S. § 13-21-203.7 — CO Code / Title 13 / Article 21 / Part 2 / Section 13-21-203.7
13-21-203.7. Adjustments of dollar limitations for effects of inflation - definition
Status: in_force

13-21-203.7. Adjustments of dollar limitations for effects of inflation - definition. (1) The limitations on noneconomic damages set forth in section 13-21-203 (1)(a) and the amount of the solatium set forth in section 13-21-203.5 must be adjusted for inflation as of January 1, 1998, January 1, 2008, January 1, 2020, and each January 1 every two years thereafter until January 1, 2024. The adjustments made on January 1, 1998, January 1, 2008, January 1, 2020, and each January 1 every two years thereafter must be based on the cumulative annual adjustment for inflation for each year since the effective date of the damages limitations in sections 13-21-203 (1)(a) and 13-21-203.5. The adjustments made pursuant to this subsection (1) must be rounded upward or downward to the nearest ten-dollar increment.

(1.5) After January 1, 2024, the limitations on damages set forth in section 13-21-203 (1)(a) must be adjusted for inflation on January 1, 2028, and on January 1 every two years thereafter. The adjustments made on January 1, 2028, and on January 1 every two years thereafter must be based on the cumulative annual adjustment for inflation for each year since the effective date of the damages limitations in section 13-21-203 (1)(a). The adjustments made pursuant to this subsection (1.5) must be rounded upward or downward to the nearest ten-dollar increment.

(2) As used in this section, "inflation" means the annual percentage change in the United States department of labor's bureau of labor statistics consumer price index for Denver-Aurora-Lakewood for all items paid by all urban consumers, or its successor index.

(3) The secretary of state shall certify the adjusted limitation on damages within fourteen days after the appropriate information is available, and:

(a) The adjusted limitation on damages is applicable to all claims for relief that accrue on or after January 1, 1998, and before January 1, 2008;

(b) The adjusted limitation on damages as of January 1, 2008, is applicable to all claims for relief that accrue on and after January 1, 2008, and before January 1, 2020; and

(c) The adjusted limitation on damages as of January 1, 2020, and each January 1 every two years thereafter is applicable to all claims for relief that accrue on and after the specified January 1 and before the January 1 two years thereafter.

(4) (a) Effective January 1, 2030, the damages limitation specified in section 13-21-203 (1)(b)(V) must be adjusted for inflation on January 1, 2030, and on January 1 every two years thereafter. The adjustments made on January 1, 2030, and on January 1 every two years thereafter must be based on the cumulative annual adjustment for inflation for each year since the effective date of the damages limitation specified in section 13-21-203 (1)(b)(V). The adjustments made pursuant to this subsection (4) must be rounded upward or downward to the nearest ten-dollar increment.

(b) The secretary of state shall certify the adjusted limitation on damages within fourteen days after the appropriate information is available and shall publish the adjusted amount on the secretary of state's website.

(c) The adjusted limitation on damages as of January 1, 2030, and on January 1 every two years thereafter is applicable to all claims for relief that accrue on and after the specified January 1 and before the January 1 two years thereafter.
C.R.S. § 13-20-1202 — CO Code / Title 13 / Article 20 / Part 12 / Section 13-20-1202
13-20-1202. Civil cause of action for sexual misconduct against a minor - exceptions
Status: in_force

13-20-1202. Civil cause of action for sexual misconduct against a minor - exceptions. (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-related activity or program posed a risk of sexual misconduct against a minor and the sexual misconduct occurred while the victim was participating in the youth-related activity or program operated or managed by the organization.

(2) The civil action described in this section is in addition to, and does not limit or affect, other actions available by statute or common law, before or after January 1, 2022, and must be pleaded as a separate claim for relief if a complaint also asserts a common law claim for relief.
C.R.S. § 13-6-309.5 — CO Code / Title 13 / Article 6 / Part 3 / Section 13-6-309.5
13-6-309.5. Traffic violations bureau - schedule of traffic offenses and fines or penalties
Status: repealed

13-6-309.5. Traffic violations bureau - schedule of traffic offenses and fines or penalties - method of payment - effect of payment. (Repealed)
C.R.S. § 13-4-111 — CO Code / Title 13 / Article 4 / Section 13-4-111
13-4-111. Employees - compensation
Status: in_force

13-4-111. Employees - compensation. (1) Subject to the rules and regulations of the supreme court, the court of appeals shall appoint a clerk, a reporter of decisions, deputy clerks, and such other assistants as may be necessary.

(2) Each judge of the court of appeals may appoint a law clerk who shall be learned in the law and one secretary or stenographer. The persons so employed may be discharged or removed at the pleasure of the judge employing them.

(3) All employees appointed under subsections (1) and (2) of this section shall be paid such compensation as shall be prescribed by the rules and regulations of the supreme court.
C.R.S. § 13-21-1206 — CO Code / Title 13 / Article 21 / Part 12 / Section 13-21-1206
13-21-1206. Exceptions to liability
Status: in_force

13-21-1206. Exceptions to liability. (1) Nothing in this part 12 shall create liability for damages, or permit a cause of action, against:

(a) A health-care institution, as defined in section 13-64-202 (3), to the extent that the health-care institution is engaged in providing health-care services to a pregnant woman with her consent or where her consent is implied by law; or

(b) A health-care professional, as defined in section 13-64-202 (4)(a), to the extent that the health-care professional is engaged in providing health-care services to a pregnant woman with her consent or where her consent is implied by law.

(2) Nothing in this part 12 imposes liability for damages upon a woman for acts she engages in with respect to her own pregnancy.
C.R.S. § 13-1-139 — CO Code / Title 13 / Article 1 / Part 1 / Section 13-1-139
13-1-139. Court limitations on medication-assisted treatment - prohibited
Status: in_force

13-1-139. Court limitations on medication-assisted treatment - prohibited. A court shall not condition participation in a drug or problem-solving court or other judicial program, or enter orders relating to probation or parole or placement in community corrections, based on the requirement that a person cease participating in prescribed medication-assisted treatment for substance use disorders, as defined in section 23-21-803, unless the person or the prescriber determines that medication-assisted treatment is no longer necessary or is no longer an effective treatment for the person.
C.R.S. § 13-71-105 — CO Code / Title 13 / Article 71 / Section 13-71-105
13-71-105. Qualifications for juror service
Status: in_force

13-71-105. Qualifications for juror service. (1) Any person who is a United States citizen and resides in a county or lives in such county more than fifty percent of the time, whether or not registered to vote, shall be qualified to serve as a trial or grand juror in such county. Citizenship and residency status on the date that the jury service is to be performed shall control.

(2) A prospective trial or grand juror shall be disqualified, based on the following grounds:

(a) Being under the age of eighteen;

(b) Inability to read, speak, and understand the English language;

(c) Inability, by reason of a physical or mental disability, to render satisfactory juror service. Any person claiming this disqualification shall submit a letter, if the jury commissioner requests it, from a licensed physician, licensed physician assistant authorized under section 12-240-107 (6), licensed advanced practice registered nurse, or authorized Christian science practitioner, stating the nature of the disability and an opinion that such disability prevents the person from rendering satisfactory juror service. The physician, physician assistant, licensed advanced practice registered nurse, or authorized Christian science practitioner shall apply the following guideline: A person shall be capable of rendering satisfactory juror service if the person is able to perform a sedentary job requiring close attention for three consecutive business days for six hours per day, with short breaks in the morning and afternoon sessions.

(d) Sole responsibility for the daily care of an individual with a permanent disability living in the same household to the extent that the performance of juror service would cause a substantial risk of injury to the health of the individual with a disability. Jurors who are regularly employed at a location other than their households may not be disqualified for this reason. Any person claiming this disqualification shall, if the jury commissioner requests it, submit a letter from a licensed physician, licensed physician assistant authorized under section 12-240-107 (6), licensed advanced practice registered nurse, or authorized Christian science practitioner stating the name, address, and age of the individual with a disability, the nature of care provided by the prospective juror, and an opinion that the performance of juror service would cause a substantial risk of injury to the individual with a disability.

(e) Residence outside of the county with no intention of returning to the county at any time during the succeeding twelve months;

(f) Selection and service as an impaneled trial or grand juror in any municipal, tribal, military, state, or federal court within the preceding twelve months or being scheduled for juror service within the next twelve months. Any person claiming this disqualification must submit a letter or other formal acknowledgment from the appropriate authority verifying his or her prior or pending juror service.

(g) Appearance as a prospective juror in state court in accordance with the provisions of section 13-71-120 within the current calendar year. Any person claiming this disqualification shall submit a letter or other formal acknowledgment from the appropriate authority verifying such prior juror appearance. This exemption, however, does not apply in emergency circumstances as provided for in section 13-71-112.

(h) (Deleted by amendment, L. 2000, p. 32, § 2, effective August 2, 2000.)

(3) A prospective grand juror shall be disqualified if he or she has previously been convicted of a felony in this state, any other state, the United States, or any territory under the jurisdiction of the United States.
C.R.S. § 13-21-1402 — CO Code / Title 13 / Article 21 / Part 14 / Section 13-21-1402
13-21-1402. Definitions
Status: in_force

13-21-1402. Definitions. As used in this part 14, unless the context otherwise requires:

(1) "Consent" means affirmative, conscious, and voluntary authorization by an individual with legal capacity to give authorization.

(2) "Depicted individual" means an individual whose body is shown in whole or in part in an intimate image.

(3) "Disclosure" means transfer, publication, or distribution to another person. "Disclose" has a corresponding meaning.

(4) "Identifiable" means recognizable by a person other than the depicted individual:

(a) From an intimate image itself; or

(b) From the intimate image and identifying characteristic displayed in connection with the intimate image.

(5) "Identifying characteristic" means information that may be used to identify a depicted individual.

(6) "Individual" means a human being.

(7) "Intimate image" means a photograph, film, video recording, or other similar medium that shows:

(a) The uncovered genitals, pubic area, anus, or female postpubescent nipple of a depicted individual; or

(b) The depicted individual engaging in or being subjected to sexual conduct.

(8) "Person" means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity.

(9) "Sexual conduct" includes:

(a) Masturbation;

(b) Genital, anal, or oral sex;

(c) Sexual penetration of, or with, an object;

(d) Bestiality; or

(e) The transfer of semen onto a depicted individual.
C.R.S. § 13-1-112 — CO Code / Title 13 / Article 1 / Part 1 / Section 13-1-112
13-1-112. Clerk to keep seal
Status: in_force

13-1-112. Clerk to keep seal. The clerk of each court of record shall keep the seal thereof.
C.R.S. § 13-5-113 — CO Code / Title 13 / Article 5 / Part 1 / Section 13-5-113
13-5-113. Twelfth district
Status: in_force

13-5-113. Twelfth district. (1) The twelfth judicial district shall be composed of the counties of Alamosa, Conejos, Costilla, Mineral, Rio Grande, and Saguache.

(2) (a) The number of judges for the twelfth judicial district shall be two.

(b) Subject to available appropriations, effective July 1, 2007, the number of judges for the twelfth judicial district shall be three.

(c) Subject to available appropriations, effective July 1, 2015, the number of judges for the twelfth judicial district shall be four.
C.R.S. § 13-4-112 — CO Code / Title 13 / Article 4 / Section 13-4-112
13-4-112. Fees of the clerk of court of appeals - equal justice fee collection
Status: in_force

13-4-112. Fees of the clerk of court of appeals - equal justice fee collection. (1) (a) Within the time allowed or fixed for transmission of the record, the appellant shall pay to the clerk of the court of appeals a docket fee of two hundred twenty-three dollars.

(b) The docket fee for the appellee shall be one hundred forty-eight dollars to be paid upon the entry of appearance of the appellee.

(2) (a) Each fee collected pursuant to paragraph (a) of subsection (1) of this section shall be transmitted to the state treasurer and divided as follows:

(I) One hundred fifty dollars shall be deposited in the supreme court library fund created pursuant to section 13-2-120;

(II) Five dollars shall be deposited in the judicial stabilization cash fund created in section 13-32-101 (6); and

(III) Sixty-eight dollars shall be deposited in the justice center cash fund created in section 13-32-101 (7)(a).

(b) Each fee collected pursuant to paragraph (b) of subsection (1) of this section shall be transmitted to the state treasurer and divided as follows:

(I) Seventy-five dollars shall be deposited in the supreme court library fund created pursuant to section 13-2-120;

(II) Five dollars shall be deposited in the judicial stabilization cash fund created in section 13-32-101 (6); and

(III) Sixty-eight dollars shall be deposited in the justice center cash fund created in section 13-32-101 (7)(a).

(3) Beginning January 1, 2025, the clerk of the court of appeals shall collect the equal justice fee on filings specified in subsections (1)(a) and (1)(b) of this section on behalf of the equal justice authority and transmit the equal justice fee in the amount of thirty dollars in the manner specified in section 13-5.7-205 (2).
C.R.S. § 13-2-116 — CO Code / Title 13 / Article 2 / Section 13-2-116
13-2-116. Disposition of law books
Status: in_force

13-2-116. Disposition of law books. (1) The state librarian and all other officers who receive for public use from any other state or territory, or any officer thereof, or any other person any books of judicial reports or public statutes or any other books of law shall forthwith cause one copy of such books or statutes, and all of such books of reports, and other books of law to be deposited in the library of the supreme court, there to remain.

(2) The supreme court librarian shall furnish the supreme court annually, as the court may direct, a report designating any such copies of judicial reports, statutes, or books of law which, in the librarian's opinion, can be properly removed from the supreme court library and disposed of.

(3) The supreme court may take action pursuant to such report by ordering any copies of such judicial reports, statutes, or books of law designated therein disposed of in such manner as it shall determine.
C.R.S. § 13-53-108 — CO Code / Title 13 / Article 53 / Section 13-53-108
13-53-108. Uniformity of interpretation
Status: in_force

13-53-108. Uniformity of interpretation. 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.
C.R.S. § 13-1-137 — CO Code / Title 13 / Article 1 / Part 1 / Section 13-1-137
13-1-137. Reporting of data concerning juvenile proceedings
Status: in_force

13-1-137. Reporting of data concerning juvenile proceedings. (1) Notwithstanding section 24-1-136 (11)(a)(I), the judicial branch shall report annually to the judiciary committees of the house of representatives and senate, or to any successor committees, information concerning:

(a) The number of juvenile delinquency cases;

(b) The number of juvenile delinquency cases that involved an appointment of counsel;

(c) The number of juvenile cases that involved a waiver of counsel;

(d) The status of recommended reviews to juvenile court rules, forms, and chief justice directives regarding the representation of children in juvenile delinquency courts;

(e) The number of juvenile delinquency cases that involved a detention hearing, the number of juveniles who were released after the detention hearing, and the number of juveniles who remained in detention after the detention hearing; and

(f) The process of training judicial officers and private defense attorneys concerning determinations of competency to proceed for juveniles and adults, competency evaluation reports, services to restore competency, and certification proceedings governed by article 65 of title 27.
C.R.S. § 13-20-1101 — CO Code / Title 13 / Article 20 / Part 11 / Section 13-20-1101
13-20-1101. Action involving exercise of constitutional rights - motion to dismiss - appeal
Status: in_force

13-20-1101. Action involving exercise of constitutional rights - motion to dismiss - appeal - legislative declaration - definitions. (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 the purpose of this part 11 is to encourage and safeguard the constitutional rights of persons to petition, speak freely, associate freely, and otherwise participate in government to the maximum extent permitted by law and, at the same time, to protect the rights of persons to file meritorious lawsuits for demonstrable injury.

(2) As used in this section, unless the context otherwise requires:

(a) "Act in furtherance of a person's right of petition or free speech under the United States constitution or the state constitution in connection with a public issue" includes:

(I) Any written or oral statement or writing made before a legislative, executive, or judicial proceeding or any other official proceeding authorized by law;

(II) Any written or oral statement or writing made in connection with an issue under consideration or review by a legislative, executive, or judicial body or any other official proceeding authorized by law;

(III) Any written or oral statement or writing made in a place open to the public or a public forum in connection with an issue of public interest; or

(IV) Any other conduct or communication in furtherance of the exercise of the constitutional right of petition or the constitutional right of free speech in connection with a public issue or an issue of public interest.

(b) "Complaint" includes a cross-complaint or a petition.

(c) "Defendant" includes a cross-defendant or a respondent.

(d) "Plaintiff" includes a cross-complainant or petitioner.

(3) (a) A cause of action against a person arising from any act of that person in furtherance of the person's right of petition or free speech under the United States constitution or the state constitution in connection with a public issue is subject to a special motion to dismiss unless the court determines that the plaintiff has established that there is a reasonable likelihood that the plaintiff will prevail on the claim.

(b) In making its determination, the court shall consider the pleadings and supporting and opposing affidavits stating the facts upon which the liability or defense is based.

(c) If the court determines that the plaintiff has established a reasonable likelihood that the plaintiff will prevail on the claim, neither that determination nor the fact of that determination is admissible in evidence at any later stage of the case or in any subsequent proceeding, and no burden of proof or degree of proof otherwise applicable is affected by that determination in any later stage of the case or in any subsequent proceeding.

(4) (a) Except as provided in subsection (4)(b) of this section, in any action subject to subsection (3) of this section, a prevailing defendant on a special motion to dismiss is entitled to recover the defendant's attorney fees and costs. If the court finds that a special motion to dismiss is frivolous or is solely intended to cause unnecessary delay, pursuant to part 1 of article 17 of this title 13, the court shall award costs and reasonable attorney fees to a plaintiff prevailing on the motion.

(b) A defendant who prevails on a special motion to dismiss in an action subject to subsection (4)(a) of this section is not entitled to attorney fees and costs if that cause of action is brought pursuant to part 4 of article 6 of title 24 or the "Colorado Open Records Act", part 2 of article 72 of title 24; except that nothing in this subsection (4)(b) prevents a prevailing defendant from recovering attorney fees and costs pursuant to section 24-6-402 (9)(b) or 24-72-204.

(5) The special motion must be filed within sixty-three days after the service of the complaint or, in the court's discretion, at any later time upon terms it deems proper. The motion must be scheduled for a hearing not more than twenty-eight days after the service of the motion unless the docket conditions of the court require a later hearing.

(6) All discovery proceedings in the action are stayed upon the filing of a notice of motion made pursuant to this section. The stay of discovery remains in effect until notice of entry of the order ruling on the motion. The court, on noticed motion and for good cause shown, may order that specified discovery be conducted notwithstanding this subsection (6).

(7) Except as provided in subsection (9) of this section, an order granting or denying a special motion to dismiss is appealable to the Colorado court of appeals pursuant to section 13-4-102.2.

(8) (a) This section does not apply to:

(I) An action brought by or on behalf of the state or any subdivision of the state enforcing a law or rule or seeking to protect against an imminent threat to health or public safety;

(II) Any action brought solely in the public interest or on behalf of the general public if all of the following conditions exist:

(A) The plaintiff does not seek any relief greater than or different from the relief sought for the general public or a class of which the plaintiff is a member. A claim for attorney fees, costs, or penalties does not constitute greater or different relief for purposes of this subsection (8)(a)(II)(A).

(B) The action, if successful, would enforce an important right affecting the public interest and would confer a significant benefit, whether pecuniary or nonpecuniary, on the general public or a large class of persons; and

(C) Private enforcement is necessary and places a disproportionate financial burden on the plaintiff in relation to the plaintiff's stake in the matter; or

(III) Any cause of action brought against a person primarily engaged in the business of selling or leasing goods or services, including but not limited to insurance, securities, or financial instruments, arising from any statement or conduct by that person if both of the following conditions exist:

(A) The statement or conduct consists of representations of fact about that person's or a business competitor's business operations, goods, or services that are made for the purpose of obtaining approval for, promoting, or securing sales or leases of, or commercial transactions in, the person's goods or services, or the statement or conduct was made in the course of delivering the person's goods or services; and

(B) The intended audience is an actual or potential buyer or customer, or a person likely to repeat the statement to, or otherwise influence, an actual or potential buyer or customer, or the statement or conduct arose out of or within the context of a regulatory approval process, proceeding, or investigation, except when the statement or conduct was made by a telephone corporation in the course of a proceeding before the public utilities commission and is the subject of a lawsuit brought by a competitor, notwithstanding that the conduct or statement concerns an important public issue.

(b) Subsections (8)(a)(II) and (8)(a)(III) of this section do not apply to any of the following:

(I) Any publisher, editor, reporter, or other person connected with or employed by a newspaper, magazine, or other periodical publication, or by a press association or wire service, or any person who has been so connected or employed; or a radio or television news reporter or other person connected with or employed by a radio or television station, or any person who has been so connected or employed; or any person engaged in the dissemination of ideas or expression in any book or academic journal while engaged in the gathering, receiving, or processing of information for communication to the public; or

(II) Any action against any person or entity based upon the creation, dissemination, exhibition, advertisement, or other similar promotion of any dramatic, literary, musical, political, or artistic work, including but not limited to a motion picture, television program, or an article published in a newspaper or magazine of general circulation.

(9) If any trial court denies a special motion to dismiss on the grounds that the action or cause of action is exempt pursuant to subsection (8) of this section, the appeal provisions in subsection (7) of this section do not apply.
C.R.S. § 13-71-129.5 — CO Code / Title 13 / Article 71 / Section 13-71-129.5
13-71-129.5. Public transportation for jurors
Status: in_force

13-71-129.5. Public transportation for jurors. In all judicial districts with one or more publicly owned or operated systems of public transportation, the office of the state court administrator shall work with officials of the public transportation system or systems to create and implement a plan whereby each juror may obtain transportation at no cost to the juror to the vicinity of the courthouse or other place of juror service, and return, using the regular routes and schedules of the public transportation system.
C.R.S. § 13-21-812 — CO Code / Title 13 / Article 21 / Part 8 / Section 13-21-812
13-21-812. Nonretroactive
Status: in_force

13-21-812. Nonretroactive. No cause of action shall accrue based upon any act by a defendant that occurred prior to June 2, 1999.
C.R.S. § 13-21-1204 — CO Code / Title 13 / Article 21 / Part 12 / Section 13-21-1204
13-21-1204. Construction
Status: in_force

13-21-1204. Construction. Nothing in this part 12 shall be construed to confer the status of "person" upon a human embryo, fetus, or unborn child at any stage of development prior to live birth.
C.R.S. § 13-22-223 — CO Code / Title 13 / Article 22 / Part 2 / Section 13-22-223
13-22-223. Vacating award
Status: in_force

13-22-223. Vacating award. (1) Upon motion to the court by a party to an arbitration proceeding, the court shall vacate an award made in the arbitration proceeding if the court finds that:

(a) The award was procured by corruption, fraud, or other undue means;

(b) There was:

(I) Evident partiality by an arbitrator appointed as a neutral arbitrator;

(II) Corruption by an arbitrator; or

(III) Misconduct by an arbitrator prejudicing the rights of a party to the arbitration proceeding;

(c) An arbitrator refused to postpone the hearing upon showing of sufficient cause for postponement, refused to consider evidence material to the controversy, or otherwise conducted the hearing contrary to section 13-22-215, so as to prejudice substantially the rights of a party to the arbitration proceeding;

(d) An arbitrator exceeded the arbitrator's powers;

(e) There was no agreement to arbitrate, unless the person participated in the arbitration proceeding without raising the objection under section 13-22-215 (3) not later than the beginning of the arbitration hearing; or

(f) The arbitration was conducted without proper notice of the initiation of an arbitration as required in section 13-22-209 so as to substantially prejudice the rights of a party to the arbitration proceeding.

(1.5) Notwithstanding the provisions of subsection (1) of this section, the fact that the relief was such that it could not or would not be granted by a court of law or equity is not grounds for vacating or refusing to confirm the award.

(2) A motion made under this section shall be filed within ninety-one days after the movant receives notice of the award pursuant to section 13-22-219 or within ninety-one days after the movant receives notice of a modified or corrected award pursuant to section 13-22-220, unless the movant alleges that the award was procured by corruption, fraud, or other undue means, in which case the motion must be made within ninety-one days after either the ground is known or by the exercise of reasonable care should have been known by the movant.

(3) If the court vacates an award on a ground other than that set forth in paragraph (e) of subsection (1) of this section, it may order a rehearing. If the award is vacated on a ground stated in paragraph (a) or (b) of subsection (1) of this section, the rehearing shall be held before a new arbitrator. If the award is vacated on a ground stated in paragraph (c), (d), or (f) of subsection (1) of this section, the rehearing may be held before the arbitrator who made the award or the arbitrator's successor. The arbitrator must render the decision in the rehearing within the same time as that provided in section 13-22-219 (2) for an award.

(4) If the court denies a motion to vacate an award, it shall confirm the award unless a motion to modify or correct the award is pending.
C.R.S. § 13-45-119 — CO Code / Title 13 / Article 45 / Section 13-45-119
13-45-119. Writ to testify or be surrendered - run to any county - copy - fees
Status: in_force

13-45-119. Writ to testify or be surrendered - run to any county - copy - fees. 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 person to testify, or the principal to be surrendered in discharge of bail and such principal or witness is confined in any jail in this state out of the county in which such principal or witness is required to be surrendered or to testify, the writ may run into any county in this state and there be executed and returned by any officer to whom it is directed. The principal, after being surrendered or his bail discharged, or a person testifying as aforesaid shall be returned by the officer executing such writ by virtue of an order of the court for the purpose aforesaid, an attested copy of which, lodged with the jailer, exonerates such jailer of liability for an escape. The party praying out such writ of habeas corpus shall pay to the officer executing the same a reasonable sum for his services as adjudged by the courts respectively.
C.R.S. § 13-9-123 — CO Code / Title 13 / Article 9 / Section 13-9-123
13-9-123. National instant criminal background check system - reporting
Status: in_force

13-9-123. National instant criminal background check system - reporting. (1) On and after March 20, 2013, the state court administrator shall send electronically the following information to the Colorado bureau of investigation created pursuant to section 24-33.5-401, referred to in this section as the "bureau":

(a) The name of each person who has been found to be incapacitated by order of the court pursuant to part 3 of article 14 of title 15, C.R.S.;

(b) The name of each person who has been committed by order of the court to the custody of the behavioral health administration in the department of human services pursuant to section 27-81-112; and

(c) The name of each person with respect to whom the court has entered an order for involuntary certification for short-term treatment of a mental health disorder pursuant to section 27-65-108.5 or 27-65-109, for extended certification for treatment of a mental health disorder pursuant to section 27-65-109 (10), or for long-term care and treatment of a mental health disorder pursuant to section 27-65-110.

(1.5) Not more than forty-eight hours after receiving notification of a person who satisfies the description in paragraph (a), (b), or (c) of subsection (1) of this section, the state court administrator shall report such fact to the bureau.

(2) Any report made by the state court administrator pursuant to this section shall describe the reason for the report and indicate that the report is made in accordance with 18 U.S.C. sec. 922 (g)(4).

(3) The state court administrator shall take all necessary steps to cancel a record made by the state court administrator in the national instant criminal background check system if:

(a) The person to whom the record pertains makes a written request to the state court administrator; and

(b) No less than three years before the date of the written request:

(I) The court entered an order pursuant to section 15-14-318, C.R.S., terminating a guardianship on a finding that the person is no longer an incapacitated person, if the record in the national instant criminal background check system is based on a finding of incapacity;

(II) The period of certification or commitment of the most recent order of certification, commitment, recertification, or recommitment expired, or the court entered an order terminating the person's incapacity or discharging the person from certification or commitment in the nature of habeas corpus, if the record in the national instant criminal background check system is based on an order of certification or commitment to the custody of the behavioral health administration in the department of human services; except that the state court administrator shall not cancel any record pertaining to a person with respect to whom two recommitment orders have been entered pursuant to section 27-81-112 (7) and (8), or who was discharged from treatment pursuant to section 27-81-112 (11), on the grounds that further treatment is not likely to bring about significant improvement in the person's condition; or

(III) The record in the case was sealed pursuant to section 27-65-109 (7), or the court entered an order discharging the person from certification in the nature of habeas corpus pursuant to section 27-65-115, if the record in the national instant criminal background check system is based on a court order for involuntary certification for short-term treatment of a mental health disorder.

(4) Pursuant to section 102 (c) of the federal "NICS Improvement Amendments Act of 2007" (Pub.L. 110-180), a court, upon becoming aware that the basis upon which a record reported by the state court administrator pursuant to subsection (1) of this section does not apply or no longer applies, shall:

(a) Update, correct, modify, or remove the record from any database that the federal or state government maintains and makes available to the national instant criminal background check system, consistent with the rules pertaining to the database; and

(b) Notify the attorney general that such basis does not apply or no longer applies.
C.R.S. § 13-21-1404 — CO Code / Title 13 / Article 21 / Part 14 / Section 13-21-1404
13-21-1404. Exceptions to liability - definitions
Status: in_force

13-21-1404. Exceptions to liability - definitions. (1) In this section, unless the context otherwise requires:

(a) "Child" means an unemancipated individual who is less than eighteen years of age.

(b) "Parent" means an individual recognized as a parent under the law of this state other than this part 14.

(2) A person is not liable under this part 14 if the person proves that disclosure of, or a threat to disclose, the intimate image was:

(a) Made in good faith in:

(I) Law enforcement;

(II) A legal proceeding; or

(III) Medical education or treatment; or

(b) Made in good faith in the reporting or investigation of:

(I) Unlawful conduct;

(II) Unsolicited and unwelcome conduct;

(III) Related to a matter of public concern or public interest; or

(IV) Reasonably intended to assist the depicted individual.

(3) Subject to subsection (4) of this section, a defendant who is a parent, legal guardian, or individual with legal custody of a child is not liable under this part 14 for a disclosure or threatened disclosure of an intimate image of the child.

(4) If a defendant asserts an exception to liability under subsection (3) of this section, the exception does not apply if the plaintiff proves the disclosure was:

(a) Prohibited by law other than this part 14; or

(b) Made, possessed, or distributed for the purposes of sexual arousal, sexual gratification, humiliation, degradation, or monetary or commercial gain.

(5) Disclosure of, or a threat to disclose, an intimate image is not a matter of public concern or public interest solely because the depicted individual is a public figure.
C.R.S. § 13-94-104 — CO Code / Title 13 / Article 94 / Section 13-94-104
13-94-104. Public guardianship commission created - repeal
Status: repealed

13-94-104. Public guardianship commission created - repeal. (Repealed)
C.R.S. § 13-30-102 — CO Code / Title 13 / Article 30 / Section 13-30-102
13-30-102. Legislative declaration
Status: in_force

13-30-102. Legislative declaration. In carrying out its responsibility to provide for judicial salaries pursuant to section 18 of article VI of the state constitution, the general assembly hereby declares that the purpose of this article is to set the amount of judicial compensation for justices of the supreme court, judges of the court of appeals, judges of the district courts, judges of the county courts, and judges of the probate and juvenile courts of the city and county of Denver.
C.R.S. § 13-2-102 — CO Code / Title 13 / Article 2 / Section 13-2-102
13-2-102. Special terms
Status: in_force

13-2-102. Special terms. Special terms of said court may be called under such general rules and regulations as may be adopted by the court.
C.R.S. § 13-51-101 — CO Code / Title 13 / Article 51 / Section 13-51-101
13-51-101. Short title
Status: in_force

13-51-101. Short title. This article shall be known and may be cited as the "Uniform Declaratory Judgments Law".
C.R.S. § 13-21-108.3 — CO Code / Title 13 / Article 21 / Part 1 / Section 13-21-108.3
13-21-108.3. Architects, building code officials, professional engineers, and professional la
Status: in_force

13-21-108.3. Architects, building code officials, professional engineers, and professional land surveyors rendering assistance during emergency or disaster - qualified immunity from civil liability. (1) An architect licensed pursuant to part 4 of article 120 of title 12, a building code official, a professional engineer licensed pursuant to part 2 of article 120 of title 12, or a professional land surveyor licensed pursuant to part 3 of article 120 of title 12 who voluntarily and without compensation provides architectural, damage assessment, engineering, or surveying services, respectively, at the scene of an emergency shall not be liable for any personal injury, wrongful death, property damage, or other loss caused by an act or omission of the architect, building code official, engineer, or surveyor in performing such services.

(2) As used in this section, unless the context otherwise requires:

(a) "Building code official" means an individual maintaining a building inspector, building code official, or certified building official certification in good standing by the international code council or similar association of building code officials.

(b) "Emergency" means a disaster emergency declared by executive order or proclamation of the governor pursuant to section 24-33.5-704 (4), C.R.S.

(3) The immunity provided in subsection (1) of this section applies only to an architectural, damage assessment, or engineering service that:

(a) Concerns an identified building, structure, or other architectural or engineering system, whether publicly or privately owned;

(b) Relates to the structural integrity of the building, structure, or system or to a nonstructural element thereof affecting life safety; and

(c) Is rendered during the time in which a state of disaster emergency exists, as provided in section 24-33.5-704 (4), C.R.S.

(4) Nothing in this section shall provide immunity for gross negligence or willful misconduct.

(5) Nothing in this section shall be construed to abrogate any provision of the "Colorado Governmental Immunity Act", provided in article 10 of title 24, C.R.S.
C.R.S. § 13-21-119 — CO Code / Title 13 / Article 21 / Part 1 / Section 13-21-119
13-21-119. Equine activities - llama activities - legislative declaration - exemption from
Status: in_force

13-21-119. Equine activities - llama activities - legislative declaration - exemption from civil liability. (1) The general assembly recognizes that persons who participate in equine activities or llama activities may incur injuries as a result of the risks involved in such activities. The general assembly also finds that the state and its citizens derive numerous economic and personal benefits from such activities. It is, therefore, the intent of the general assembly to encourage equine activities and llama activities by limiting the civil liability of those involved in such activities.

(2) As used in this section, unless the context otherwise requires:

(a) "Engages in a llama activity" means riding, training, assisting in medical treatment of, driving, or being a passenger upon a llama, whether mounted or unmounted or any person assisting a participant or show management. The term "engages in a llama activity" does not include being a spectator at a llama activity, except in cases where the spectator places himself in an unauthorized area and in immediate proximity to the llama activity.

(a.5) "Engages in an equine activity" means riding, training, assisting in medical treatment of, driving, or being a passenger upon an equine, whether mounted or unmounted or any person assisting a participant or show management. The term "engages in an equine activity" does not include being a spectator at an equine activity, except in cases where the spectator places himself in an unauthorized area and in immediate proximity to the equine activity.

(b) "Equine" means a horse, pony, mule, donkey, or hinny.

(c) "Equine activity" means:

(I) Equine shows, fairs, competitions, performances, or parades that involve any or all breeds of equines and any of the equine disciplines, including, but not limited to, dressage, hunter and jumper horse shows, grand prix jumping, three-day events, combined training, rodeos, driving, pulling, cutting, polo, steeplechasing, English and western performance riding, endurance trail riding and western games, and hunting;

(II) Equine training or teaching activities or both;

(III) Boarding equines;

(IV) Riding, inspecting, or evaluating an equine belonging to another, whether or not the owner has received some monetary consideration or other thing of value for the use of the equine or is permitting a prospective purchaser of the equine to ride, inspect, or evaluate the equine;

(V) Rides, trips, hunts, or other equine activities of any type however informal or impromptu that are sponsored by an equine activity sponsor; and

(VI) Placing or replacing horseshoes on an equine.

(d) "Equine activity sponsor" means an individual, group, club, partnership, or corporation, whether or not the sponsor is operating for profit or nonprofit, which sponsors, organizes, or provides the facilities for, an equine activity, including but not limited to: Pony clubs, 4-H clubs, hunt clubs, riding clubs, school and college-sponsored classes, programs and activities, therapeutic riding programs, and operators, instructors, and promoters of equine facilities, including but not limited to stables, clubhouses, ponyride strings, fairs, and arenas at which the activity is held.

(e) "Equine professional" means a person engaged for compensation:

(I) In instructing a participant or renting to a participant an equine for the purpose of riding, driving, or being a passenger upon the equine; or

(II) In renting equipment or tack to a participant.

(f) "Inherent risks of equine activities" and "inherent risks of llama activities" means those dangers or conditions which are an integral part of equine activities or llama activities, as the case may be, including, but not limited to:

(I) The propensity of the animal to behave in ways that may result in injury, harm, or death to persons on or around them;

(II) The unpredictability of the animal's reaction to such things as sounds, sudden movement, and unfamiliar objects, persons, or other animals;

(III) Certain hazards such as surface and subsurface conditions;

(IV) Collisions with other animals or objects;

(V) The potential of a participant to act in a negligent manner that may contribute to injury to the participant or others, such as failing to maintain control over the animal or not acting within his or her ability.

(f.1) "Llama" means a South American camelid which is an animal of the genus lama, commonly referred to as a "one llama", including llamas, alpacas, guanacos, and vicunas.

(f.2) "Llama activity" means:

(I) Llama shows, fairs, competitions, performances, packing events, or parades that involve any or all breeds of llamas;

(II) Using llamas to pull carts or to carry packs or other items;

(III) Using llamas to pull travois-type carriers during rescue or emergency situations;

(IV) Llama training or teaching activities or both;

(V) Taking llamas on public relations trips or visits to schools or nursing homes;

(VI) Participating in commercial packing trips in which participants pay a llama professional to be a guide on a hike leading llamas;

(VII) Boarding llamas;

(VIII) Riding, inspecting, or evaluating a llama belonging to another, whether or not the owner has received some monetary consideration or other thing of value for the use of the llama or is permitting a prospective purchaser of the llama to ride, inspect, or evaluate the llama;

(IX) Using llamas in wool production;

(X) Rides, trips, or other llama activities of any type however informal or impromptu that are sponsored by a llama activity sponsor; and

(XI) Trimming the nails of a llama.

(f.3) "Llama activity sponsor" means an individual, group, club, partnership, or corporation, whether or not the sponsor is operating for profit or nonprofit, which sponsors, organizes, or provides the facilities for, a llama activity, including but not limited to: Llama clubs, 4-H clubs, hunt clubs, riding clubs, school and college-sponsored classes, programs and activities, therapeutic riding programs, and operators, instructors, and promoters of llama facilities, including but not limited to stables, clubhouses, fairs, and arenas at which the activity is held.

(f.4) "Llama professional" means a person engaged for compensation:

(I) In instructing a participant or renting to a participant a llama for the purpose of riding, driving, or being a passenger upon the llama; or

(II) In renting equipment or tack to a participant.

(g) "Participant" means any person, whether amateur or professional, who engages in an equine activity or who engages in a llama activity, whether or not a fee is paid to participate in such activity.

(3) Except as provided in subsection (4) of this section, an equine activity sponsor, an equine professional, a llama activity sponsor, a llama professional, a doctor of veterinary medicine, or any other person, which shall include a corporation or partnership, shall not be liable for an injury to or the death of a participant resulting from the inherent risks of equine activities, or from the inherent risks of llama activities and, except as provided in subsection (4) of this section, no participant nor participant's representative shall make any claim against, maintain an action against, or recover from an equine activity sponsor, an equine professional, a llama activity sponsor, a llama professional, a doctor of veterinary medicine, or any other person for injury, loss, damage, or death of the participant resulting from any of the inherent risks of equine activities or resulting from any of the inherent risks of llama activities.

(4) (a) This section shall not apply to the horse racing industry as regulated in article 32 of title 44.

(b) Nothing in subsection (3) of this section shall prevent or limit the liability of an equine activity sponsor, an equine professional, a llama activity sponsor, a llama professional, or any other person if the equine activity sponsor, equine professional, llama activity sponsor, llama professional, or person:

(I) (A) Provided the equipment or tack, and knew or should have known that the equipment or tack was faulty, and such equipment or tack was faulty to the extent that it did cause the injury; or

(B) Provided the animal and failed to make reasonable and prudent efforts to determine the ability of the participant to engage safely in the equine activity or llama activity and determine the ability of the participant to safely manage the particular animal based on the participant's representations of his ability;

(II) Owns, leases, rents, or otherwise is in lawful possession and control of the land or facilities upon which the participant sustained injuries because of a dangerous latent condition which was known to the equine activity sponsor, equine professional, llama activity sponsor, llama professional, or person and for which warning signs have not been conspicuously posted;

(III) Commits an act or omission that constitutes willful or wanton disregard for the safety of the participant, and that act or omission caused the injury;

(IV) Intentionally injures the participant.

(c) Nothing in subsection (3) of this section shall prevent or limit the liability of an equine activity sponsor, equine professional, llama activity sponsor, or llama professional:

(I) Under liability provisions as set forth in the products liability laws; or

(II) Under liability provisions in section 35-46-102, C.R.S.

(5) (a) Every equine professional shall post and maintain signs which contain the warning notice specified in paragraph (b) of this subsection (5). Such signs shall be placed in a clearly visible location on or near stables, corrals, or arenas where the equine professional conducts equine activities if such stables, corrals, or arenas are owned, managed, or controlled by the equine professional. The warning notice specified in paragraph (b) of this subsection (5) shall appear on the sign in black letters, with each letter to be a minimum of one inch in height. Every written contract entered into by an equine professional for the providing of professional services, instruction, or the rental of equipment or tack or an equine to a participant, whether or not the contract involves equine activities on or off the location or site of the equine professional's business, shall contain in clearly readable print the warning notice specified in paragraph (b) of this subsection (5).

(b) The signs and contracts described in paragraph (a) of this subsection (5) shall contain the following warning notice:

WARNING

Under Colorado Law, an equine professional is not liable for an injury to or the death of a participant in equine activities resulting from the inherent risks of equine activities, pursuant to section 13-21-119, Colorado Revised Statutes.

(6) (a) Every llama professional shall post and maintain signs which contain the warning notice specified in paragraph (b) of this subsection (6). Such signs shall be placed in a clearly visible location on or near stables, corrals, pens, or arenas where the llama professional conducts llama activities if such stables, corrals, pens, or arenas are owned, managed, or controlled by the llama professional. The warning notice specified in paragraph (b) of this subsection (6) shall appear on the sign in black letters, with each letter to be a minimum of one inch in height. Every written contract entered into by a llama professional for the providing of professional services, instruction, or the rental of equipment or tack or a llama to a participant, whether or not the contract involves llama activities on or off the location or site of the llama professional's business, shall contain in clearly readable print the warning notice specified in paragraph (b) of this subsection (6).

(b) The signs and contracts described in paragraph (a) of this subsection (6) shall contain the following warning notice:

WARNING

Under Colorado Law, a llama professional is not liable for an injury to or the death of a participant in llama activities resulting from the inherent risks of llama activities, pursuant to section 13-21-119, Colorado Revised Statutes.
C.R.S. § 13-14.5-108 — CO Code / Title 13 / Article 14.5 / Section 13-14.5-108
13-14.5-108. Surrender of a firearm
Status: in_force

13-14.5-108. Surrender of a firearm. (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 licensed firearms dealer described in 18 U.S.C. sec. 923, as amended; except that this provision must not be interpreted to require any federally licensed firearms dealer to purchase or accept possession of any firearm;

(II) Arranging for the storage of the firearm by a law enforcement agency. The law enforcement agency shall preserve the firearm in a substantially similar condition that the firearm was in when it was surrendered. If the respondent does not choose the option in subsection (1)(a)(I) of this section, a local law enforcement agency shall store the firearm.

(III) Only for either an antique firearm, as defined in 18 U.S.C. sec. 921 (a)(16), as amended, or a curio or relic, as defined in 27 CFR 478.11, as amended, transferring possession of the antique firearm or curio or relic to a relative who does not live with the respondent after confirming, through a criminal history record check, the relative is currently eligible to own or possess a firearm under federal and state law.

(b) The court shall order the respondent to surrender any concealed carry permit to the law enforcement officer serving the extreme risk protection order.

(2) (a) The law enforcement agency serving any extreme risk protection order pursuant to this article 14.5, including a temporary extreme risk protection order in which the petitioner was not a law enforcement agency or officer, shall request that the respondent immediately surrender all firearms in the respondent's custody, control, or possession and any concealed carry permit issued to the respondent and conduct any search permitted by law for such firearms or permit. After the law enforcement agency or officer has custody of the firearms, the respondent may inform the law enforcement officer of the respondent's preference for sale, transfer, or storage of the firearms as specified in subsection (1) of this section. If the respondent elects to sell or transfer the firearms to a federally licensed firearms dealer described in 18 U.S.C. sec. 923, as amended, the law enforcement officer or agency shall maintain custody of the firearms until they are sold or transferred pursuant to subsection (1)(a)(I) of this section. The law enforcement officer shall take possession of all firearms and any such permit belonging to the respondent that are surrendered, in plain sight, or discovered pursuant to a lawful search. Alternatively, if personal service by the law enforcement agency is not possible, or not required because the respondent was present at the extreme risk protection order hearing, the respondent shall surrender the firearms and any concealed carry permit within twenty-four hours after being served with the order by alternate service or within twenty-four hours after the hearing at which the respondent was present.

(b) If the petitioner for an extreme risk protection order is a law enforcement agency or officer, the law enforcement officer serving the extreme risk protection order shall take custody of the respondent's firearms pursuant to the search warrant for firearms possessed by a respondent in an extreme risk protection order, as described in section 16-3-301.5, if a warrant was obtained. After the law enforcement agency or officer has custody of the firearms, the respondent may inform the law enforcement officer of the respondent's preference for sale, transfer, or storage of the firearms as specified in section 13-14-105.5 (4). The law enforcement officer shall request that the respondent immediately surrender any concealed carry permit issued to the respondent and conduct any search permitted by law for the permit.

(3) At the time of surrender or taking custody pursuant to section 16-3-301.5, a law enforcement officer taking possession of a firearm or a concealed carry permit shall issue a receipt identifying all firearms and any permit that have been surrendered or taken custody of and provide a copy of the receipt to the respondent. Within seventy-two hours after service of the order, the officer serving the order shall file the original receipt with the court and shall ensure that the officer's law enforcement agency retains a copy of the receipt, or, if the officer did not take custody of any firearms, shall file a statement to that effect with the court.

(4) Upon the sworn statement or testimony of the petitioner or of any law enforcement officer alleging that there is probable cause to believe the respondent has failed to comply with the surrender of firearms or a concealed carry permit as required by an order issued pursuant to this article 14.5, the court shall determine whether probable cause exists to believe that the respondent has failed to surrender all firearms or a concealed carry permit in his or her custody, the respondent's control, or possession. If probable cause exists, the court shall issue a search warrant that states with particularity the places to be searched and the items to be taken into custody.

(5) If a person other than the respondent claims title to any firearms surrendered or taken custody of pursuant to section 16-3-301.5 pursuant to this section and the law enforcement agency determines that he or she is the lawful owner of the firearm, the firearm shall be returned to him or her if:

(a) The firearm is removed from the respondent's custody, control, or possession, and the lawful owner agrees to store the firearm so that the respondent does not have access to or control of the firearm; and

(b) The firearm is not otherwise unlawfully possessed by the lawful owner.

(6) (a) Within forty-eight hours after the issuance of an extreme risk protection order, a respondent subject to the order may either:

(I) File with the court that issued the order one or more proofs of relinquishment or removal showing that all firearms previously in the respondent's custody, control, or possession, and any concealed carry permit issued to the respondent, were relinquished to or removed by a law enforcement agency, and attest to the court that the respondent does not currently have any firearms in the respondent's custody, control, or possession, and does not currently have a concealed carry permit; or

(II) Attest to the court that:

(A) At the time the order was issued, the respondent did not have any firearms in the respondent's custody, control, or possession and did not have a concealed carry permit; and

(B) The respondent does not currently have any firearms in the respondent's custody, control, or possession and does not currently have a concealed carry permit.

(b) If two full court days have elapsed since the issuance of an extreme risk protection order and the respondent has made neither the filing and attestation pursuant to subsection (6)(a)(I) of this section nor the attestations pursuant to subsection (6)(a)(II) of this section, the clerk of the court for the court that issued the order shall inform the local law enforcement agency in the county in which the court is located that the respondent has not filed the filing and attestation pursuant to subsection (6)(a)(I) of this section or the attestations pursuant to subsection (6)(a)(II) of this section.

(c) A local law enforcement agency that receives a notification pursuant to subsection (6)(b) of this section shall make a good faith effort to determine whether there is evidence that the respondent has failed to relinquish any firearm in the respondent's custody, control, or possession or a concealed carry permit issued to the respondent.

(7) The peace officers standards and training board shall develop model policies and procedures by December 1, 2019, regarding the acceptance, storage, and return of firearms required to be surrendered pursuant to this article 14.5 or taken custody of pursuant to section 16-3-301.5 and shall provide those model policies and procedures to all law enforcement agencies. Each law enforcement agency shall adopt the model policies and procedures or adopt their own policies and procedures by January 1, 2020.
C.R.S. § 13-71-112 — CO Code / Title 13 / Article 71 / Section 13-71-112
13-71-112. Emergency summonses
Status: in_force

13-71-112. Emergency summonses. In order to meet emergency needs of the court, the state court administrator or a jury commissioner, by any means of notice including notice by telephone, may summon additional trial or grand jurors to appear for juror service at a time certain and shall inform the juror at which courthouse to appear.
C.R.S. § 13-2-118 — CO Code / Title 13 / Article 2 / Section 13-2-118
13-2-118. Duties of librarian
Status: in_force

13-2-118. Duties of librarian. It is the duty of the librarian to keep his office open every day in the year, Saturdays, Sundays, and holidays excepted, from 8:30 a.m. until 5 p.m. of each day, so that the public may have access to the library, under such rules and regulations as the supreme court may prescribe.
C.R.S. § 13-5-118 — CO Code / Title 13 / Article 5 / Part 1 / Section 13-5-118
13-5-118. Seventeenth district
Status: in_force

13-5-118. Seventeenth district. (1) The seventeenth judicial district shall be composed of the county of Adams and the city and county of Broomfield.

(2) (a) The number of judges for the seventeenth judicial district shall be eight.

(b) Subject to available appropriations, effective July 1, 2002, the number of judges for the seventeenth judicial district shall be nine.

(c) Subject to available appropriations, effective July 1, 2003, the number of judges for the seventeenth judicial district shall be ten.

(d) Subject to available appropriations, effective July 1, 2007, the number of judges for the seventeenth judicial district shall be eleven.

(e) Subject to available appropriations, effective July 1, 2008, the number of judges for the seventeenth judicial district shall be thirteen.

(f) Subject to available appropriations, effective July 1, 2009, the number of judges for the seventeenth judicial district shall be fifteen.

(g) Subject to available appropriations, effective January 1, 2020, the number of judges for the seventeenth judicial district is sixteen.

(3) The seventeenth judicial district shall have jurisdiction over all causes of action accruing and all crimes committed within the city and county of Broomfield on or after November 15, 2001. Prior to November 15, 2001, the judicial districts for the counties, as they existed prior to November 15, 2001, shall have jurisdiction over all causes of action accruing and crimes committed within such counties.
C.R.S. § 13-71-125 — CO Code / Title 13 / Article 71 / Section 13-71-125
13-71-125. Compensation and reimbursement
Status: in_force

13-71-125. Compensation and reimbursement. The compensation and reimbursement policy of this article shall be to prevent, insofar as possible, financial hardship for any juror because of the performance of juror service. Where financial hardship exists, the court shall attempt to place the juror in the same financial position as such juror would have been were it not for the performance of juror service.
C.R.S. § 13-6-305 — CO Code / Title 13 / Article 6 / Part 3 / Section 13-6-305
13-6-305. Maintenance of records
Status: repealed

13-6-305. Maintenance of records. (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 locations, and thereafter all pleadings, writs, judgments, and other documents in the case shall be filed at such other location.

(b) Repealed.

(c) In criminal cases, a single copy of items filed is sufficient. A notice of docketing of criminal cases with sufficient information to identify the defendant and the offense charged shall be forwarded forthwith to the clerk of the court at the county seat. After termination of the case, all records on file and a transcript of the judgment shall be forwarded to the county seat.
C.R.S. § 13-6-401 — CO Code / Title 13 / Article 6 / Part 4 / Section 13-6-401
13-6-401. Legislative declaration
Status: in_force

13-6-401. Legislative declaration. 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 property involved; that the law and procedures of civil litigation are technical and frequently unknown to persons who are representing themselves; that procedures for the inexpensive, speedy, and informal resolution of small claims in a forum where the rules of substantive law apply, but the rules of procedure and pleading and the technical rules of evidence do not apply, are desirable; that such procedures should be conducted at times convenient to the persons using them, including evening and Saturday sessions; that the personnel implementing and conducting such procedures should be trained and equipped to assist anyone with a small claim in a friendly, efficient, and courteous manner; and that, therefore, the establishment of a small claims division of the county court as provided in this part 4 is in the public interest.
C.R.S. § 13-22-212 — CO Code / Title 13 / Article 22 / Part 2 / Section 13-22-212
13-22-212. Disclosure by arbitrator
Status: in_force

13-22-212. Disclosure by arbitrator. (1) Before accepting an appointment, an individual who is requested to serve as an arbitrator, after making a reasonable inquiry, shall disclose to all parties to the agreement to arbitrate and arbitration proceeding and to any other arbitrators any known facts that a reasonable person would consider likely to affect the impartiality of the arbitrator in the arbitration proceeding, including:

(a) A financial or personal interest in the outcome of the arbitration proceeding; and

(b) A current or previous relationship with any of the parties to the agreement to arbitrate or the arbitration proceeding, their counsel or representatives, a witness, or another arbitrator.

(2) An arbitrator shall have a continuing obligation to disclose to all parties to the agreement to arbitrate and to the arbitration proceeding and to any other arbitrators any facts that the arbitrator learns after accepting appointment that a reasonable person would consider likely to affect the impartiality of the arbitrator.

(3) If an arbitrator discloses a fact required to be disclosed by subsection (1) or (2) of this section and a party timely objects to the appointment or continued service of the arbitrator based upon the fact disclosed, the objection may be a ground under section 13-22-223 (1)(b) for vacating an award made by an arbitrator.

(4) If the arbitrator does not disclose a fact as required by subsection (1) or (2) of this section, upon timely objection by a party, the court may vacate an award under section 13-22-223 (1)(b).

(5) An arbitrator appointed as a neutral arbitrator who does not disclose a known, direct, and material interest in the outcome of the arbitration proceeding or a known, existing, and substantial relationship with a party shall be presumed to act with evident partiality under section 13-22-223 (1)(b).

(6) If the parties to an arbitration proceeding agree to the procedures of an arbitration organization or any other procedures for challenges to arbitrators before an award is made, substantial compliance with those procedures is a condition precedent to a motion to vacate an award on that ground under section 13-22-223 (1)(b).
C.R.S. § 13-55-105 — CO Code / Title 13 / Article 55 / Section 13-55-105
13-55-105. Court enters order or judgment
Status: in_force

13-55-105. Court enters order or judgment. 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 shall enter an order or judgment setting forth the determination of the court. If any of said property is found to be exempt, the court shall order the sheriff or other officer to return such property so found to be exempt to the defendant within forty-eight hours, unless same is ordered sold as provided in section 13-55-109.
C.R.S. § 13-60-101 — CO Code / Title 13 / Article 60 / Section 13-60-101
13-60-101. Levy to pay judgment against municipality - procedure
Status: in_force

13-60-101. Levy to pay judgment against municipality - procedure. (1) When a judgment for the payment of money is given and rendered against any municipal or quasi-municipal corporation of the state, or against any officer thereof, in an action prosecuted by or against him in his official capacity or name of office, such judgment being an obligation of such municipality, and when by reason of vacancy in office or for any other cause the duly constituted tax assessing and collecting officers fail or neglect to provide for the payment of such judgment or fail to make a tax levy to pay such judgment, the judgment creditor may file a transcript of such judgment with the board of county commissioners of the county, and counties if more than one, in which such public corporation is situated. Thereupon, the county commissioners shall levy a tax as provided in subsection (2) of this section upon all the taxable property within the limits of such public corporation for the purpose of making provision for the payment of such judgment, which tax shall be collected by the county treasurer, and, when collected by the county treasurer, it shall be paid over, as fast as collected by him, to the judgment creditor, or his assigns, upon the execution and delivery of proper vouchers therefor.

(2) The power conferred to pay such judgment by special levy of such tax is in addition to the taxing power given and granted to such public corporation to levy taxes for other purposes. The board of county commissioners shall levy under this section on all taxable property within said municipal or quasi-municipal corporation such taxes as are sufficient to discharge such judgment in the next fiscal year; but in no event shall such annual levy pursuant to this section and section 24-10-113, C.R.S., exceed a total of ten mills for one or more judgments, exclusive of mill levies for other purposes of such public corporation. The board of county commissioners shall continue to levy such taxes not to exceed a total of ten mills annually, exclusive of mill levies for other purposes of such public corporation, but in no event less than ten mills if such judgment will not be discharged by a lesser levy, until such judgment is discharged.

(3) Any taxes levied to pay the last payment upon or to pay any such judgment shall be valid, whether or not the sum sought to be raised thereby exceeds the sum due on such judgment, principal, and interest. Such excess of the sum required shall not exceed a sum equal to ten percent of such required sum, and no sale of real estate made to make such taxes shall be invalid by reason of such excess if the same is within said specified limit. All levies to pay judgments shall be made as near as possible to raise a sum equal to that due on the judgment to pay for which the tax is levied. Nevertheless, any excess levied, if such excess does not exceed ten percent of the sum due and desired to be paid, shall not invalidate any tax levy upon or tax sale of real or personal estate made to raise, make, or collect the sum due and excess. Any excess collected by the county treasurer remaining in his hands after paying all judgments in full, transcripts thereof having been filed with the county commissioners, shall be paid by him to the treasurer of such public corporation and become part of the general fund of such public corporation. This section shall not prevent said public corporation from paying any judgment from any other funds it may have in its treasury available for that purpose. The provisions of this section shall not apply to counties.
C.R.S. § 13-1-122 — CO Code / Title 13 / Article 1 / Part 1 / Section 13-1-122
13-1-122. When judge shall not act unless by consent
Status: in_force

13-1-122. When judge shall not act unless by consent. A judge shall not act as such in any of the following cases: In an action or proceeding to which he is a party, or in which he is interested; when he is related to either party by consanguinity or affinity in the third degree; or when he has been attorney or counsel for either party in the action or proceeding, unless by consent of all parties to the action.