reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › EVIDENCE (§§ 13-25-101 — 13-27-108) › Article 25 - EVIDENCE - GENERAL PROVISIONS (§§ 13-25-101 — 13-25-139) › Section 13-25-127 - Civil actions - degree of proof required

(1)
Any provision of the law to the contrary notwithstanding and except as provided in subsection (2) of this section, the burden of proof in any civil action shall be by a preponderance of the evidence. The provisions of this subsection (1) shall not apply to the burden of proof required in determining the validity of any legislative enactment.
(2)
Exemplary damages against the party against whom the claim is asserted shall only be awarded in a civil action when the party asserting the claim proves beyond a reasonable doubt the commission of a wrong under the circumstances set forth in section
13-21-102
. Nothing in this subsection (2) shall be construed as preventing a party asserting the claim from being awarded money damages or other appropriate relief, other than exemplary damages, if he sustains the burden of proof by a preponderance of the evidence.
(3)
(Deleted by amendment, L. 95, p. 15, § 5, effective March 9, 1995.)
(4)
This section became effective July 1, 1972, and applies only to civil actions which accrue on or after such date.
L. 71: p. 579, § 1. C.R.S. 1963: § 52-1-28. L. 72: pp. 317, 318, §§ 1, 2. L. 95: (1) and (3) amended, p. 15, § 5, effective March 9.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › EVIDENCE (§§ 13-25-101 — 13-27-108) › Article 25 - EVIDENCE - GENERAL PROVISIONS (§§ 13-25-101 — 13-25-139) › Section 13-25-128 - Rules of evidence - grant of authority subject to reservation

The supreme court of the state of Colorado shall have the power to prescribe general rules of evidence for the courts of record in the state of Colorado. Such rules of evidence shall be construed to be rules of practice and procedure and shall not be construed in such manner that such rules would fix, abridge, enlarge, modify, or diminish any substantive rights. The general assembly specifically reserves to itself the power to enact laws relating to substantive rights including, but not limited to, laws modifying or eliminating said rules of evidence.
L. 79: Entire section added, p. 620, § 1, effective July 3.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › EVIDENCE (§§ 13-25-101 — 13-27-108) › Article 25 - EVIDENCE - GENERAL PROVISIONS (§§ 13-25-101 — 13-25-139) › Section 13-25-130 - Criminal actions - use of photographs, video tapes, or films of property

(1)
Photographs, video tapes, or films of property over which a person is alleged to have exerted unauthorized control or otherwise to have obtained unlawfully are competent evidence if the photographs, video tapes, or films are admissible into evidence under the rules of law governing the admissibility of photographs, video tapes, or films into evidence. Any photographic, video tape, or film record, when satisfactorily identified and authenticated, is as admissible in evidence as the property itself.
(2)
(a)
Any photograph may bear a written description of the property alleged to have been wrongfully taken, the name of the owner of the property taken, the name of the accused, the name of the arresting law enforcement officer, the date of the photograph, and the signature of the photographer.
(b)
Any video tape or film may include, as a segment of the tape or film, a written description of the property alleged to have been wrongfully taken, the name of the owner of the property taken, the name of the accused, the name of the arresting law enforcement officer, the date the tape or film was produced, and a segment showing the signature of the photographer.
(3)
A law enforcement agency which is holding property over which a person is alleged to have exerted unauthorized control or otherwise to have obtained unlawfully may return that property to its owner if:
(a)
The appropriately identified photographs, video tapes, or films are filed and retained by the law enforcement agency;
(b)
Satisfactory proof of ownership of the property is shown by the owner;
(c)
A declaration of ownership is signed under penalty of perjury;
(d)
The defendant, if a defendant has been filed upon, has been notified that such photographs, video tapes, or films have been taken, recorded, or produced; and
(e)
A receipt for the property is obtained from the owner upon delivery by the law enforcement agency.
L. 85: Entire section added, p. 576, § 1, effective July 1.
For provisions in the criminal code concerning the use of photographs, video tapes, or films of property, see §§ 18-4-305, 18-4-415, and 18-4-514.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › EVIDENCE (§§ 13-25-101 — 13-27-108) › Article 25 - EVIDENCE - GENERAL PROVISIONS (§§ 13-25-101 — 13-25-139) › Section 13-25-132 - Criminal actions - video tape depositions - use at trial

(1)
(a)
In any criminal action, if the court finds, upon application of the prosecution, that there is substantial risk of physical harm or intimidation of a witness, the court may enter an order that a deposition be taken of that witness' testimony and that the deposition be recorded and preserved on video tape.
(b)
For the purposes of this section, "intimidation" means to, directly or indirectly, by oneself or through any other person in one's behalf, make use of any force, violence, restraint, abduction, duress, or forcible or fraudulent device or contrivance, or to inflict or threaten the infliction of any injury, damage, harm, or loss, or in any manner to practice intimidation upon or against any person in order to impede, prevent, or otherwise interfere with the testimony of the witness, or to compel, induce, or prevail upon any witness to give or refrain from giving testimony in any criminal action.
(2)
The prosecution shall apply for the order specified in subsection (1) of this section in writing at least three days prior to the taking of the deposition. The defendant shall receive reasonable notice of the taking of the deposition. The defendant shall have a right to be present and represented by counsel at the deposition.
(3)
Upon timely receipt of the application, the court shall make a preliminary finding regarding whether, at the time of trial, there is likely to be a substantial risk of physical harm or intimidation of a witness. If the court so finds, it shall order that the deposition be taken, pursuant to rule 15 (d) of the Colorado rules of criminal procedure, and preserved on video tape. The prosecution shall transmit the video tape to the clerk of the court in which the action is pending.
L. 92: Entire section added, p. 281, § 2, effective July 1.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › EVIDENCE (§§ 13-25-101 — 13-27-108) › Article 25 - EVIDENCE - GENERAL PROVISIONS (§§ 13-25-101 — 13-25-139) › Section 13-25-133 - Telecommunications devices for the deaf and teletype - inadmissibility in evidence - exception

(1)
Except as provided in subsection (3) of this section, the contents of any communication made directly or indirectly through a telecommunications device for the deaf (commonly known as TDD) or teletype (commonly known as TTY) and any writing or recording resulting from the communication are inadmissible as evidence of the existence or contents of the communication in any court of law, legal proceeding, or administrative hearing.
(2)
For the purposes of this section, "telecommunications device for the deaf or teletype" means any auxiliary aid or service consisting of listening or transcription systems that allow the reception or transmission of aurally delivered communication and materials for the benefit of individuals with hearing, speech, or physical impairments.
(3)
The provisions of this section do not apply to any communication intercepted pursuant to a lawful court order.
L. 94: Entire section added, p. 458, § 1, effective March 29.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › EVIDENCE (§§ 13-25-101 — 13-27-108) › Article 25 - EVIDENCE - GENERAL PROVISIONS (§§ 13-25-101 — 13-25-139) › Section 13-25-134 - Electronic records and signatures - admissibility in evidence - originals

Pursuant to the provisions of article
71.3
of title
24
, C.R.S., in any legal proceeding, nothing in the application of the rules of evidence shall apply so as to deny the admissibility of an electronic record or electronic signature into evidence on the sole ground that it is an electronic record or electronic signature or on the grounds that it is not in its original form or is not an original.
L. 99: Entire section added, p. 1347, § 4, effective July 1. L. 2002: Entire section amended, p. 858, § 5, effective May 30.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › EVIDENCE (§§ 13-25-101 — 13-27-108) › Article 25 - EVIDENCE - GENERAL PROVISIONS (§§ 13-25-101 — 13-25-139) › Section 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.
L. 2003: Entire section added, p. 940, § 1, effective April 17.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › EVIDENCE (§§ 13-25-101 — 13-27-108) › Article 25 - EVIDENCE - GENERAL PROVISIONS (§§ 13-25-101 — 13-25-139) › Section 13-25-136 - Criminal actions - prenatal drug and alcohol screening - admissibility of evidence

A court shall not admit in a criminal proceeding information relating to substance use obtained as part of a screening or test performed to determine pregnancy or to provide prenatal or postpartum care, up to one year postpartum, or if a pregnant or parenting person discloses substance use during pregnancy while seeking or participating in behavioral health treatment. This section does not prohibit prosecution of any claim or action related to such substance use based on evidence obtained through methods other than those described in this section.
Amended by 2023 Ch. 246,§ 2, eff. 8/7/2023.
Amended by 2019 Ch. 272, §10, eff. 5/23/2019.
L. 2012: Entire section added, (HB 12-1100), ch. 10, p. 27, § 2, effective March 9.
2023 Ch. 246, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
For the legislative declaration in the 2012 act adding this section, see section 1 of chapter 10, Session Laws of Colorado 2012. For the legislative declaration in HB 19-1193, see section 1 of chapter 272, Session Laws of Colorado 2019.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › EVIDENCE (§§ 13-25-101 — 13-27-108) › Article 25 - EVIDENCE - GENERAL PROVISIONS (§§ 13-25-101 — 13-25-139) › Section 13-25-137 - Admissibility of commercial packaging

(1)
Labels or packages listing, indicating, or describing the contents or ingredients of any commercially packaged item are admissible in evidence to prove that the item contains the contents or ingredients listed on the label or package. A label or package listing that identifies the contents or ingredients of a container or package constitutes prima facie evidence that the items in the container or package were composed in whole or in part of the contents.
(2)
Prior to the admission of evidence pursuant to this section, the court shall make a preliminary determination as to whether the item constitutes a commercially packaged item as described in subsection (1) of this section. This determination may include any evidence the court deems appropriate, including but not limited to evidence of where the item is available for purchase, whether the item is subject to state or federal regulation, or any other evidence observable on the package that indicates or constitutes indicia of the label's or package's reliability. Extrinsic evidence that an item is commercially packaged is not a prerequisite to the court's determination.
L. 2012: Entire section added, (HB 12-1310), ch. 268, p. 1391, § 1, effective June 7.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › EVIDENCE (§§ 13-25-101 — 13-27-108) › Article 25 - EVIDENCE - GENERAL PROVISIONS (§§ 13-25-101 — 13-25-139) › Section 13-25-139 - Criminal action - interference with witness - forfeiture by wrongdoing

When a party to a criminal case wrongfully procures the unavailability of a witness, a statement otherwise not admissible pursuant to the Colorado rules of evidence that is offered against the party that was involved in or responsible for the wrongdoing that was intended to, and did, deprive the criminal justice system of evidence is admissible as an exception to the hearsay rule; except that such a statement is not admissible unless the proponent has given to the adverse party advance written notice of an intention to introduce the statement sufficient to provide the adverse party a fair opportunity to contest the admissibility of the statement. In determining the admissibility of the evidence, the court shall determine, prior to the trial, whether the forfeiture by wrongdoing occurred by a preponderance of the evidence.
Added by 2020 Ch. 133,§ 1, eff. 6/26/2020.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › EVIDENCE (§§ 13-25-101 — 13-27-108) › Article 26 - UNIFORM PHOTOGRAPHIC RECORDS ACT (§§ 13-26-101 — 13-26-104) › Section 13-26-101 - Short title

This article shall be known and may be cited as the "Uniform Photographic Copies of Business and Public Records as Evidence Act".
L. 55: p. 374, § 3. CRS 53: § 52-2-3. C.R.S. 1963: § 52-2-3.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › EVIDENCE (§§ 13-25-101 — 13-27-108) › Article 26 - UNIFORM PHOTOGRAPHIC RECORDS ACT (§§ 13-26-101 — 13-26-104) › Section 13-26-102 - Business and public records as evidence

If any business, institution, or member of a profession or calling or any department or agency of government in the regular course of business or activity keeps or records any memorandum, writing, entry, print, or representation, or combination thereof, of any act, transaction, occurrence, or event and in the regular course of business has caused any of the same to be recorded, copied, or reproduced by any photographic, photostatic, microfilm, microcard, miniature photographic, optical disk, or other form of mass storage, electronic imaging, electronic data processing, electronically transmitted facsimile, printout, or other reproduction of electronically stored data, or other process which accurately reproduces or forms a durable medium for reproducing the original, the original may be destroyed in the regular course of business unless held in a custodial or fiduciary capacity or unless its preservation is required by law. Such reproduction, when satisfactorily identified, is as admissible in evidence as the original itself in any judicial or administrative proceeding whether the original is in existence or not, and an enlargement or facsimile of such reproduction is likewise admissible in evidence if the original reproduction is in existence and available for inspection under direction of court. The introduction of a reproduced record, enlargement, or facsimile does not preclude admission of the original. This shall not be construed to exclude from evidence any document or copy thereof which is otherwise admissible under the rules of evidence.
L. 55: p. 373, § 1. CRS 53: § 52-2-1. C.R.S. 1963: § 52-2-1. L. 94: Entire section amended, p. 454, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › EVIDENCE (§§ 13-25-101 — 13-27-108) › Article 26 - UNIFORM PHOTOGRAPHIC RECORDS ACT (§§ 13-26-101 — 13-26-104) › Section 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.
L. 57: p. 367, § 1. CRS 53: § 52-2-4. C.R.S. 1963: § 52-2-4. L. 87: Entire section amended, p. 1577, § 16, effective July 10.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › EVIDENCE (§§ 13-25-101 — 13-27-108) › Article 26 - UNIFORM PHOTOGRAPHIC RECORDS ACT (§§ 13-26-101 — 13-26-104) › Section 13-26-104 - Uniform construction

This article shall be so interpreted and construed as to effectuate its general purpose of making uniform the law of those states which enact it.
L. 55: p. 374, § 2. CRS 53: § 52-2-2. C.R.S. 1963: § 52-2-2.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › EVIDENCE (§§ 13-25-101 — 13-27-108) › Article 27 - UNIFORM UNSWORN DECLARATIONS ACT (§§ 13-27-101 — 13-27-108) › Section 13-27-101 - Short title

The short title of this article 27 is the "Uniform Unsworn Declarations Act".
Renumbered from C.R.S. § 12-55-301 and amended by 2018 Ch. 8,§ 9, eff. 10/1/2018.
Amended by 2017 Ch. 130,§ 1, eff. 8/9/2017.
L. 2018: Entire article added with relocations, (SB 18-032), ch. 8, p. 154, § 9, effective October 1.
This section is similar to former § 12-55-301 as it existed prior to 2018.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › EVIDENCE (§§ 13-25-101 — 13-27-108) › Article 27 - UNIFORM UNSWORN DECLARATIONS ACT (§§ 13-27-101 — 13-27-108) › Section 13-27-102 - Definitions

In this article 27:
(1)
"Boundaries of the United States" means the geographic boundaries of the United States, Puerto Rico, the United States Virgin Islands, and any territory or insular possession subject to the jurisdiction of the United States.
(2)
"Law" includes the federal or a state constitution, a federal or state statute, a judicial decision or order, a rule of court, an executive order, and an administrative rule, regulation, or order.
(3)
"Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(4)
"Sign" means, with present intent to authenticate or adopt a record:
(a)
To execute or adopt a tangible symbol; or
(b)
To attach to or logically associate with the record an electronic symbol, sound, or process.
(5)
"State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
(6)
"Sworn declaration" means a declaration in a signed record given under oath. The term includes a sworn statement, verification, certificate, and affidavit.
(7)
"Unsworn declaration" means a declaration in a signed record that is not given under oath, but is given under penalty of perjury.
Renumbered from C.R.S. § 12-55-302 and amended by 2018 Ch. 8,§ 9, eff. 10/1/2018.
L. 2018: Entire article added with relocations, (SB 18-032), ch. 8, p. 154, § 9, effective October 1.
This section is similar to former § 12-55-302 as it existed prior to 2018.
COMMENT
1. The definition of "law" is drafted in an open - ended manner to give it the widest possible application. The term is not ordinarily defined in uniform acts but in this context it is important that judges applying the act be in no doubt about its breadth. The wording is taken from the definition contained in the Revised Model State Administrative Procedure Act.
In most instances, "law" is referring to the law of the enacting state. Section 7 is the exception; in that section, "law" would address the general law on the subject of declarations because the provision encourages interpretation to achieve uniformity in the law.
2. A "record" includes information that is in intangible form (e.g., electronically stored) as well as tangible form (e.g., written on paper). It is consistent with the Uniform Electronic Transactions Act and the federal Electronic Signatures in Global and National Commerce Act (
15 U.S.C. § 7001
et seq.).
3. The definition of "sign" is broad enough to cover any writing containing a traditional signature and any record containing an electronic signature. It is consistent with the Uniform Electronic Transactions Act and the federal Electronic Signatures in Global and National Commerce Act (
15 U.S.C. § 7001
et seq.).
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › EVIDENCE (§§ 13-25-101 — 13-27-108) › Article 27 - UNIFORM UNSWORN DECLARATIONS ACT (§§ 13-27-101 — 13-27-108) › Section 13-27-103 - Applicability

This article 27 applies to an unsworn declaration by a declarant who at the time of making the declaration is physically located within or outside the boundaries of the United States whether or not the location is subject to the jurisdiction of the United States.
Renumbered from C.R.S. § 12-55-303 and amended by 2018 Ch. 8,§ 9, eff. 10/1/2018.
L. 2018: Entire article added with relocations, (SB 18-032), ch. 8, p. 154, § 9, effective October 1.
This section is similar to former § 12-55-303 as it existed prior to 2018.
COMMENT
This act applies to unsworn declarations made by a declarant regardless of where the declarant was located at the time of the declaration. The declaration could have been made within the United States whether within the enacting state or in a different state (even if the location is under the control of another sovereign, such as foreign embassies or consulates or federally recognized Indian lands), or in a foreign country.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › EVIDENCE (§§ 13-25-101 — 13-27-108) › Article 27 - UNIFORM UNSWORN DECLARATIONS ACT (§§ 13-27-101 — 13-27-108) › Section 13-27-105 - Required medium

If a law of this state requires that a sworn declaration be presented in a particular medium, an unsworn declaration must be presented in that medium.
Renumbered from C.R.S. § 12-55-305 and amended by 2018 Ch. 8,§ 9, eff. 10/1/2018.
L. 2018: Entire article added with relocations, (SB 18-032), ch. 8, p. 155, § 9, effective October 1.
This section is similar to former § 12-55-305 as it existed prior to 2018.
COMMENT
Courts and agencies often restrict the medium in which pleadings, motions, and other documents may be filed. This section recognizes that such a restriction is binding on a person seeking to introduce an unsworn declaration.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › EVIDENCE (§§ 13-25-101 — 13-27-108) › Article 27 - UNIFORM UNSWORN DECLARATIONS ACT (§§ 13-27-101 — 13-27-108) › Section 13-27-106 - Form of unsworn declaration

An unsworn declaration under this article 27 must be in substantially the following form:
I declare under penalty of perjury under the law of Colorado that the foregoing is true and correct.
Click here to view image
Renumbered from C.R.S. § 12-55-306 and amended by 2018 Ch. 8, §9, eff. 10/1/2018.
Amended by 2017 Ch. 130, §4, eff. 8/9/2017.
L. 2018: Entire article added with relocations, (SB 18-032), ch. 8, p. 155, § 9, effective October 1.
This section is similar to former § 12-55-306 as it existed prior to 2018.
COMMENT
The form informs the declarant that the declaration is made under penalty of perjury, thereby reminding the declarant of the potential liability it establishes. Section 3 of this act authorizes the use of unsworn declarations regardless of where the declaration was made. The form seeks the location of the declarant at the time of making the declaration which may be helpful for authentication purposes even though location does not affect admissibility.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › EVIDENCE (§§ 13-25-101 — 13-27-108) › Article 27 - UNIFORM UNSWORN DECLARATIONS ACT (§§ 13-27-101 — 13-27-108) › Section 13-27-107 - Uniformity of application and construction

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Renumbered from C.R.S. § 12-55-307 and amended by 2018 Ch. 8,§ 9, eff. 10/1/2018.
L. 2018: Entire article added with relocations, (SB 18-032), ch. 8, p. 155, § 9, effective October 1.
This section is similar to former § 12-55-307 as it existed prior to 2018.
COMMENT
This section recites the importance of uniformity among the adopting states when applying and construing the act.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › EVIDENCE (§§ 13-25-101 — 13-27-108) › Article 27 - UNIFORM UNSWORN DECLARATIONS ACT (§§ 13-27-101 — 13-27-108) › Section 13-27-108 - Relation to "Electronic Signatures in Global and National Commerce Act"

This article 27 modifies, limits, and supersedes the federal "Electronic Signatures in Global and National Commerce Act",
15 U.S.C. sec. 7001
, et seq., but does not modify, limit, or supersede section 101 (c) of that act,
15 U.S.C. sec. 7001(c)
, or authorize electronic delivery of any of the notices described in section 103 (b) of that act,
15 U.S.C. sec. 7003(b)
.
Renumbered from C.R.S. § 12-55-307 and amended by 2018 Ch. 8,§ 9, eff. 10/1/2018.
L. 2018: Entire article added with relocations, (SB 18-032), ch. 8, p. 155, § 9, effective October 1.
This section is similar to former § 12-55-308 as it existed prior to 2018.
COMMENT
This section responds to the specific language of the Electronic Signatures in Global and National Commerce Act and is designed to avoid preemption of state law under that federal legislation.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › FEES AND SALARIES (§§ 13-30-101 — 13-33-106) › Article 30 - COMPENSATION OF JUSTICES AND JUDGES (§§ 13-30-101 — 13-30-104) › Section 13-30-101 - Short title

This article shall be known and may be cited as the "Colorado Judicial Compensation Act".
L. 71: p. 581, § 1. C.R.S. 1963: § 56-7-1.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › FEES AND SALARIES (§§ 13-30-101 — 13-33-106) › Article 30 - COMPENSATION OF JUSTICES AND JUDGES (§§ 13-30-101 — 13-30-104) › Section 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.
L. 71: p. 581, § 1. C.R.S. 1963: § 56-7-2. L. 80: Entire section R&RE, p. 575, § 1, effective July 1. L. 85: Entire section amended, p. 571, § 7, effective 11/14/1986.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › FEES AND SALARIES (§§ 13-30-101 — 13-33-106) › Article 31 - [Repealed] (§ 13-31-101) › Section 13-31-101 - to 13-31-109 - [Repealed]

L. 79: Entire article repealed, p. 602, § 30, effective July 1.
This article was numbered as article 3 of chapter 56 in C.R.S. 1963.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › FEES AND SALARIES (§§ 13-30-101 — 13-33-106) › Article 32 - FEES OF CLERKS OF COURT (§§ 13-32-101 — 13-32-114) › Section 13-32-105 - Docket fees in criminal actions

(1)
(a)
At the time of the first appearance of the defendant in all criminal actions in all courts of record, except the county court, court of appeals, and the supreme court, there shall be charged against the defendant a total docket fee of thirty dollars, which shall be payable upon conviction of the defendant. In county courts, the total docket fee in criminal actions shall be eighteen dollars, which shall be payable by the defendant upon conviction. These fees shall cover all clerks' fees prior to judgment.
(b)
On and after June 6, 2003, the docket fee in all criminal actions in all courts of record, except the county court, court of appeals, and the supreme court, is increased by five dollars, and the docket fee in county court criminal actions is increased by three dollars. The additional revenue generated by the docket fee increases shall be transmitted to the state treasurer for deposit in the state commission on judicial performance cash fund created in section
13-5.5-115
.
(c)
Except as otherwise provided in paragraph (b) of this subsection (1), on and after July 1, 2008, all fees collected under this section shall be transmitted to the state treasurer for deposit in the judicial stabilization cash fund created in section
13-32-101 (6)
.
(2)
Repealed.
(3)
Pursuant to section
13-1-204 (1)(b)
, a five-dollar surcharge shall be assessed and collected on each docket fee described in this section concerning criminal convictions entered on and after July 1, 2007.
Amended by 2017 Ch. 331, §3, eff. 8/9/2017.
L. 1891: p. 201, § 3. R.S. 08: § 2528. C.L. § 7878. CSA: C. 66, § 8. CRS 53: § 56-5-5. L. 58: pp. 246, 249, §§ 11, 19, 20. C.R.S. 1963: § 56-5-5. L. 64: p. 467, § 7. L. 69: p. 389, § 6. L. 75: (1) amended, p. 579, § 2, effective July 1. L. 77: (1) amended, p. 788, § 2, effective 1/1/1978. L. 79: (2) repealed, p. 602, § 30, effective July 1. L. 87: (1) amended, p. 563, § 7, effective July 1. L. 91: (1) amended, p. 379, § 2, effective July 1; (1) amended, p. 1405, § 3, effective July 1. L. 2003: (1) amended, p. 2671, § 1, effective June 6. L. 2007: (3) added, p. 1269, § 5, effective May 25; (1)(c) added, p. 1536, § 23, effective May 31. L. 2008: (1)(c) amended, p. 2146, § 17, effective June 4. L. 2017: (1)(b) amended, (HB 17-1303), ch. 331, p. 1780, § 3, effective August 9.
Amendments to subsection (1) by House Bill 91-1108 and House Bill 91-1187 were harmonized.
For the legislative declaration contained in the 2008 act amending subsection (1)(c), see section 1 of chapter 417, Session Laws of Colorado 2008.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › FEES AND SALARIES (§§ 13-30-101 — 13-33-106) › Article 32 - FEES OF CLERKS OF COURT (§§ 13-32-101 — 13-32-114) › Section 13-32-105.5 - Docket fees - reduction by rule

Notwithstanding the amount specified for any fee in this article, the chief justice of the supreme court by rule or as otherwise provided by law may reduce the amount of one or more of the fees if necessary pursuant to section
24-75-402(3)
, C.R.S., to reduce the uncommitted reserves of the fund to which all or any portion of one or more of the fees is credited. After the uncommitted reserves of the fund are sufficiently reduced, the chief justice by rule or as otherwise provided by law may increase the amount of one or more of the fees as provided in section
24-75-402(4)
, C.R.S.
L. 98: Entire section added, p. 1330, § 38, effective June 1.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › FEES AND SALARIES (§§ 13-30-101 — 13-33-106) › Article 32 - FEES OF CLERKS OF COURT (§§ 13-32-101 — 13-32-114) › Section 13-32-106 - Fee bill and application of fees

Any person in interest in any cause is entitled to a certified bill of costs or fees specifically itemized. All fees collected by any clerk or judge shall be paid over to the state treasurer as provided by law, except as provided in section
30-1-112
, C.R.S. No clerk of any court of record shall certify a record to the supreme court or to any other court until he collects all clerk's costs and fees then due and payable from the person ordering the record, unless otherwise ordered by the court in which the record reposes or by the court to which the cause was transferred or appealed, or from which appellate review as provided by law and the Colorado appellate rules may issue.
L. 1891: p. 309, § 4. R.S. 08: § 2529. C.L. § 7879. CSA: C. 66, § 9. L. 47: p. 458, § 4. CRS 53: § 56-5-6. L. 58: pp. 247, 249, §§ 14, 19, 20. C.R.S. 1963: § 56-5-6. L. 69: p. 386, § 2.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › FEES AND SALARIES (§§ 13-30-101 — 13-33-106) › Article 32 - FEES OF CLERKS OF COURT (§§ 13-32-101 — 13-32-114) › Section 13-32-107 - Fee book a public record

The fee book to be kept by each clerk is a public record and subject to public inspection as are all other records of his office, except those specifically excluded by statute or order of court.
L. 1891: p. 310, § 6. R.S. 08: § 2531. C.L. § 7881. CSA: C. 66, § 11. CRS 53: § 56-5-8. C.R.S. 1963: § 56-5-8. L. 79: Entire section amended, p. 601, § 25, effective July 1.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › FEES AND SALARIES (§§ 13-30-101 — 13-33-106) › Article 32 - FEES OF CLERKS OF COURT (§§ 13-32-101 — 13-32-114) › Section 13-32-108 - Unclaimed funds - district court

All fees, court costs, trust funds, and other moneys paid to the clerks of the district courts or into the registry of said courts, which have been or shall be unclaimed, for a period of two years after the final determination of any case in which said fees were collected or money paid, may be disposed of as provided in section
13-32-109
.
L. 31: p. 315, § 1. CSA: C. 66, § 12. CRS 53: § 56-5-9. C.R.S. 1963: § 56-5-9.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › FEES AND SALARIES (§§ 13-30-101 — 13-33-106) › Article 32 - FEES OF CLERKS OF COURT (§§ 13-32-101 — 13-32-114) › Section 13-32-109 - Report of unclaimed funds - district court

(1)
Within sixty days from January 1 in each year, the clerk of the district court of every judicial district shall report to the judge what sums of money are held unclaimed in the clerk's accounts or the registry of the court, for a period of more than two years after the final determination of the case in which said moneys have been paid or deposited, and, if it appears to the court sitting en banc that no claim for said moneys has been presented to the clerk of the court for more than two years, then the court may order that said moneys be paid by the clerk to the state treasurer for deposit in the state general fund; but, if it appears to the court by specific order made in any case, or from any other cause or circumstances, the court in its discretion may withhold making such order in any case.
(2)
On and after July 1, 2010, all moneys paid to the state treasurer pursuant to subsection (1) of this section shall be deposited in the judicial stabilization cash fund created in section
13-32-101(6)
.
L. 31: p. 315, § 2. CSA: C. 66, § 13. CRS 53: § 56-5-10. C.R.S. 1963: § 56-5-10. L. 69: p. 257, § 34. L. 2007: Entire section amended, p. 1536, § 24, effective May 31. L. 2008: (2) amended, p. 2146, § 18, effective June 4.
For the legislative declaration contained in the 2008 act amending subsection (2), see section 1 of chapter 417, Session Laws of Colorado 2008.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › FEES AND SALARIES (§§ 13-30-101 — 13-33-106) › Article 32 - FEES OF CLERKS OF COURT (§§ 13-32-101 — 13-32-114) › Section 13-32-110 - Actions for funds barred in two years

Any claim for such moneys shall be made within two years from and after the payment thereof into the state general fund and unless so presented to the court shall be forever barred unless the court by proper order made in any case otherwise decrees.
L. 31: p. 316, § 3. CSA: C. 66, § 14. CRS 53: § 56-5-11. C.R.S. 1963: § 56-5-11. L. 69: p. 257, § 35.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › FEES AND SALARIES (§§ 13-30-101 — 13-33-106) › Article 32 - FEES OF CLERKS OF COURT (§§ 13-32-101 — 13-32-114) › Section 13-32-111 - Refund by decree of court - when

If any such moneys have been paid into the state general fund and a claimant appears therefor, if the court upon consideration of the circumstances finds that such claim is valid and should be paid, in that event the state shall refund the same unto the claimant as required by the decree of court.
L. 31: p. 316, § 4. CSA: C. 66, § 15. CRS 53: § 56-5-12. C.R.S. 1963: § 56-5-12. L. 69: p. 257, § 36.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › FEES AND SALARIES (§§ 13-30-101 — 13-33-106) › Article 32 - FEES OF CLERKS OF COURT (§§ 13-32-101 — 13-32-114) › Section 13-32-112 - Unclaimed funds - county court

(1)
All moneys in the possession of the clerk of any county court, subject to the provisions of section
13-3-104
, as unearned fees of the clerk or judge of such court, that remain in possession of said clerk for a period of two years after the final determination of the cause or proceeding in which such fees were collected shall be paid over by the clerk into the state general fund, except as otherwise provided in subsection (2) of this section.
(2)
On and after July 1, 2010, all fees required to be paid over by the clerk into the state general fund pursuant to subsection (1) of this section shall be transmitted to the state treasurer for deposit in the judicial stabilization cash fund created in section
13-32-101(6)
.
L. 29: p. 300, § 4. CSA: C. 66, § 24. CRS 53: § 56-5-13. C.R.S. 1963: § 56-5-13. L. 69: p. 257, § 37. L. 73: p. 1405, § 42. L. 2007: Entire section amended, p. 1536, § 25, effective May 31. L. 2008: (2) amended, p. 2146, § 19, effective June 4.
For the legislative declaration contained in the 2008 act amending subsection (2), see section 1 of chapter 417, Session Laws of Colorado 2008.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › FEES AND SALARIES (§§ 13-30-101 — 13-33-106) › Article 32 - FEES OF CLERKS OF COURT (§§ 13-32-101 — 13-32-114) › Section 13-32-113 - Exemption from fees

Delegate child support enforcement units shall be exempt from the payment of any fees authorized in this article when they file proceedings in connection with the establishment and enforcement of child support pursuant to article
13
of title
26
, C.R.S., or pursuant to article
5
of title
14
, C.R.S.
L. 89: Entire section added, p. 796, § 27, effective July 1. L. 90: Entire section amended, p. 900, § 28, effective July 1.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › FEES AND SALARIES (§§ 13-30-101 — 13-33-106) › Article 32 - FEES OF CLERKS OF COURT (§§ 13-32-101 — 13-32-114) › Section 13-32-114 - Judicial department information technology cash fund - creation - uses

(1)
There is hereby created in the state treasury the judicial department information technology cash fund, which shall be referred to in this section as the "fund". The judicial department shall transmit to the state treasurer for deposit in the fund all fees and cost recoveries, which are not otherwise required by law to be deposited in another fund, related to:
(a)
Electronic filings;
(b)
Network access and searches of court databases;
(c)
Electronic searches of court records; and
(d)
Any other information technology services.
(2)
The moneys in the fund shall be subject to annual appropriation by the general assembly to the judicial department for any expenses related to the department's information technology needs. Any moneys in the fund not expended for the purpose of this section may be invested by the state treasurer as provided in section
24-36-113
, C.R.S. All interest and income derived from the investment and deposit of moneys in the fund shall be credited to the fund. Any unexpended and unencumbered moneys remaining in the fund at the end of any fiscal year shall remain in the fund and shall not be credited or transferred to the general fund or any other fund.
(3)
Repealed.
(4)
In addition to the money deposited in the fund pursuant to subsection (1) of this section, the fund consists of money transferred to the fund from the revenue loss restoration cash fund pursuant to section
24-75-227
(3.5) and money transferred to the fund from the ARPA refinance state money cash fund pursuant to section.24-75-226.5 Money transferred to the fund as described in this subsection (4) is subject to annual appropriation by the general assembly to the judicial department for information technology infrastructure upgrades from the 2022-23 fiscal year through December 31, 2026; except that all such transferred money that originated from money the state received from the federal coronavirus state fiscal recovery fund must be expended or obligated by the judicial department prior to December 31, 2024.
Amended by 2024 Ch. 429,§ 13, eff. 6/5/2024.
Amended by 2024 Ch. 257,§ 2, eff. 5/24/2024.
Amended by 2022 Ch. 131, §2, eff. 4/25/2022.
L. 2008: Entire section added, p. 1238, § 1, effective May 27.
Subsection (3)(b) provided for the repeal of subsection (3), effective July 1, 2009. (See L. 2008, p. 1238.)
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › FEES AND SALARIES (§§ 13-30-101 — 13-33-106) › Article 33 - FEES OF JURORS AND WITNESSES (§§ 13-33-101 — 13-33-106) › Section 13-33-101 - Fees of jurors

(1)
Trial and grand jurors serving in any court, as defined in the "Colorado Uniform Jury Selection and Service Act", article
71
of this title, shall receive compensation as provided for in that article.
(2)
Jury fees for attending any court of record other than a municipal court shall be paid by the state pursuant to section
13-3-104
.
(3)
Municipalities shall set and pay fees for juror service in a municipal court.
(4)
Jurors attending inquests over dead bodies before coroners shall receive the same fees as provided in subsection (1) of this section, which fees shall be paid by the county in which the inquest is held.
L. 1891: p. 214, § 10. R.S. 08: § 2541. C.L. § 7905. L. 29: p. 425, § 1. L. 33: p. 653, § 1. CSA: C. 66, § 45. CRS 53: § 56-6-1. L. 55: p. 395, § 1. C.R.S. 1963: § 56-6-1. L. 64: p. 386, § 18. L. 71: p. 320, § 4. L. 88: (1) amended, p. 1124, § 2, effective April 4. L. 89: (1) and (3) amended, p. 775, § 6, effective 1/1/1990.
For fees of jurors in municipal courts, see §13-10-114(3) .
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › FEES AND SALARIES (§§ 13-30-101 — 13-33-106) › Article 33 - FEES OF JURORS AND WITNESSES (§§ 13-33-101 — 13-33-106) › Section 13-33-102 - Fees of witnesses

(1) to (3)
(Deleted by amendment, L. 2010, (HB 10-1291), ch. 1505, p. 1505, § 1, effective July 1, 2010.)
(4)
Witnesses in courts of record called to testify only to an opinion founded on special study or experience in any branch of science or to make scientific or professional examinations and state the result thereof shall receive compensation, to be fixed by the court, with reference to the value of the time employed and the degree of learning or skill required.
(5)
Witness fees for attending criminal trials in any court of record, except a municipal court or the county court of the city and county of Denver, shall be paid as costs as provided in section
16-18-101
, C.R.S.
(6)
Notwithstanding the provisions of subsections (4) and (5) of this section, the witness fee specified in this section shall not be paid to any witness who at the time of testifying is in the legal custody of any state or federal agency or any local law enforcement agency and whose transportation to court is provided at government expense.
L. 1891: p. 215, § 11. R.S. 08: § 2542. C.L. § 7906. L. 33: p. 900, § 1. CSA: C. 66, § 46. CRS 53: § 56-6-2. C.R.S. 1963: § 56-6-2. L. 64: p. 386, § 19. L. 71: p. 320, § 5. L. 88: (2) amended, p. 1124, § 3, effective April 4. L. 91: (1) amended, p. 358, § 17, effective April 9. L. 98: (6) added, p. 947, § 3, effective May 27. L. 2010: (1), (2), (3), (4), and (6) amended, (HB 10 -1291), ch. 325, p. 1505, §1, effective July 1.
For classification of counties fixing fees, see §30-1-101 .
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › FEES AND SALARIES (§§ 13-30-101 — 13-33-106) › Article 33 - FEES OF JURORS AND WITNESSES (§§ 13-33-101 — 13-33-106) › Section 13-33-103 - Mileage fees of jurors and witnesses

(1)
All jurors entitled to compensation for mileage in accordance with the "Colorado Uniform Jury Selection and Service Act", article
71
of this title, and all witnesses shall receive, in counties of every class, the same base mileage allowance amount as provided for state officers and employees under section
24-9-104
, C.R.S., for each mile actually and necessarily traveled in going from his or her place of residence to the place named in the summons or subpoena and in returning to such place of residence.
(2)
No officer of the courts, in which the cause is pending and on which he is in actual attendance in his official capacity, including clerks, sheriffs, bailiffs, jurors, and police officers, shall be entitled to witnesses' fees or mileage as a witness in any criminal case.
(3)
No witness before a coroner, commissioner, or magistrate shall be allowed fees unless such witness claims the same under oath before the adjournment of the court.
(4)
No witness in any court of record shall be allowed fees unless such witness claims the same under oath, then only for the number of days such witness actually attended such court in the capacity of a witness.
(5)
No witness testifying in more than one criminal case on the same day shall be entitled to receive fees as a witness for more than one day by reason thereof, nor more than one day's attendance on any day, though attending in several cases.
(6)
The mileage fee shall not be paid to any witness who at the time of testifying is in the legal custody of any state or federal agency or any local law enforcement agency and whose transportation to court is provided at government expense.
L. 1891: p. 215, § 12. R.S. 08: § 2543. C.L. § 7907. CSA: C. 66, § 47. CRS 53: § 56-6-3. C.R.S. 1963: § 56-6-3. L. 64: p. 387, § 20. L. 89: (1) amended, p. 775, § 7, effective 1/1/1990. L. 91: (3) amended, p. 359, § 18, effective April 9. L. 98: (6) added, p. 947, § 4, effective May 27. L. 99: (1) amended, p. 680, § 1, effective July 1.