reglab/statecodes huggingface dataset:
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 13-33-104 - Witness fees paid into treasury - when

Any witness fee collected by a clerk of any district court or county court shall be paid to the person entitled to the witness fee, when claimed. Any witness fee collected and not paid to a witness claimant in the same month shall be paid by the clerk of the court to the state treasurer pursuant to section
30-1-112(2)
, C.R.S.
R.S. pp. 326, 327, §§ 26, 27. G.L. §§ 1155, 1156. G.S. §§ 1412, 1413. R.S. 08: §§ 1403, 1404. C.L. §§ 7908, 7909. CSA: C. 66, §§ 48, 49. CRS 53: § 56-6-4. C.R.S. 1963: § 56-6-4. L. 71: p. 321, § 6. L. 73: p. 1405, § 43.
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 13-33-105 - Witness fees - claim for

If any person entitled to a witness fee in any district court or county court makes an application to the clerk of such court for payment of the fee, the clerk, if the witness fee claimed was previously collected by him, shall pay the witness claimant the witness fee due. If the fee was not previously collected by the clerk, the state shall pay the witness claimant pursuant to section
13-3-104
.
R.S. p. 327, § 28. G.L. § 1157. G.S. § 1414. R.S. 08: § 1405. C.L. § 7910. CSA: C. 66, § 50. CRS 53: § 56-6-5. C.R.S. 1963: § 56-6-5. L. 71: p. 321, § 7. L. 73: p. 1405, § 44.
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 13-33-106 - Failure of clerk to comply - penalty

Any such clerk who fails to comply with the provisions of sections
13-33-104
and
13-33-105
shall be liable to the state in the penal sum of five hundred dollars for each offense, to be collected as other like fines.
R.S. p. 327, § 29. G.L. § 1158. G.S. § 1415. R.S. 08: § 1406. C.L. § 7911. CSA: C. 66, § 51. CRS 53: § 56-6-6. C.R.S. 1963: § 56-6-6. L. 71: p. 321, § 8.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › FORCIBLE ENTRY AND DETAINER (§§ 13-40-101 — 13-40.1-102) › Article 40 - FORCIBLE ENTRY AND DETAINER - GENERAL PROVISIONS (§§ 13-40-101 — 13-40-128) › Section 13-40-101 - Forcible entry and detainer defined

(1)
If any person enters upon or into any lands, tenements, mining claims, or other possessions with force or strong hand or multitude of people, whether any person is actually upon or in the same at the time of such entry, or if any person by threats of violence or injury to the party in possession or by such words or actions as have a natural tendency to excite fear or apprehension of danger gains possession of any lands, tenements, mining claims, or other possessions and detains and holds the same, such person so offending is guilty of a forcible entry and detainer within the meaning of this article.
(2)
If any person enters peaceably upon any lands, tenements, mining claims, or other possessions, whether any person is actually in or upon the same at the time of such entry and by force turns the party in possession out or, by threats or by words or actions which have a natural tendency to excite fear or apprehension of danger, frightens the party out of possession and detains and holds the same, such person so offending is guilty of a forcible detainer within the meaning of this article.
(3)
If any person enters upon or into any lands, tenements, mining claims, or other possessions by force or by threats of violence, or words or actions which have a natural tendency to excite fear or apprehension of danger, and intimidates the party entitled to possession from returning upon or possessing the same, such person so offending is guilty of a forcible entry within the meaning of this article.
L. 1887: p. 271, § 2. R.S. 08: § 2600. C.L. § 6366. CSA: C. 70, § 1. CRS 53: § 58-1-1. C.R.S. 1963: § 58-1-1.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › FORCIBLE ENTRY AND DETAINER (§§ 13-40-101 — 13-40.1-102) › Article 40 - FORCIBLE ENTRY AND DETAINER - GENERAL PROVISIONS (§§ 13-40-101 — 13-40-128) › Section 13-40-102 - Forcible entry prohibited

No person shall enter into or upon any real property, except in cases where entry is allowed by law, and in such cases not with strong hand or with a multitude of people, but only in a peaceable manner.
L. 1885: p. 224, § 1. R.S. 08: § 2601. C.L. § 6367. CSA: C. 70, § 2. CRS 53: § 58-1-2. C.R.S. 1963: § 58-1-2.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › FORCIBLE ENTRY AND DETAINER (§§ 13-40-101 — 13-40.1-102) › Article 40 - FORCIBLE ENTRY AND DETAINER - GENERAL PROVISIONS (§§ 13-40-101 — 13-40-128) › Section 13-40-103 - Forcible detention prohibited

No person, having peaceably entered into or upon any real property without right to the possession thereof, shall forcibly hold or detain the same as against the person who has a lawful right to such possession.
L. 1885: p. 224, § 2. R.S. 08: § 2602. C.L. § 6368. CSA: C. 70, § 3. CRS 53: § 58-1-3. C.R.S. 1963: § 58-1-3.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › FORCIBLE ENTRY AND DETAINER (§§ 13-40-101 — 13-40.1-102) › Article 40 - FORCIBLE ENTRY AND DETAINER - GENERAL PROVISIONS (§§ 13-40-101 — 13-40-128) › Section 13-40-105 - Crops of possessor

In all cases arising under section
13-40-104(1)(c) to (1)(i)
, the person in possession is entitled to cultivate and gather the crops, if any, planted or sown by him previous to the service of the demand to deliver up possession, and then grown or growing on the premises, and shall have the right to enter such premises for the purpose of cultivating or removing such crops, first paying or tendering to the party entitled to the possession of said premises a reasonable compensation for the use of the land before removing such crops.
L. 1885: p. 225, § 4. R.S. 08: § 2604. C.L. § 6370. CSA: C. 70, § 5. CRS 53: § 58-1-5. C.R.S. 1963: § 58-1-5.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › FORCIBLE ENTRY AND DETAINER (§§ 13-40-101 — 13-40.1-102) › Article 40 - FORCIBLE ENTRY AND DETAINER - GENERAL PROVISIONS (§§ 13-40-101 — 13-40-128) › Section 13-40-106 - Written demand

(1)
The demand or notice required by section
13-40-104
or 38-12-1303 shall be made in writing, specifying the grounds of the demandant's right to the possession of the premises, including a specific description of the alleged violation or no-fault eviction grounds, describing the premises, and indicating the date and time when the premises shall be delivered up, and shall be signed by the person claiming such possession, the person's agent, or the person's attorney.
(2)
The demand or notice required by section 13-40-104 or 38-12-1303 must also include a statement that a residential tenant who receives supplemental security income, social security disability insurance under Title II of the federal "Social Security Act",
42 U.S.C. sec. 401
et seq., as amended, or cash assistance through the Colorado works program created in part 7 of article
2
of title
26
has a right to mediation prior to the landlord filing an eviction complaint with the court pursuant to section
13-40-110
.
(3)
The demand or notice required by section 13-40-104 or 38-12-1303 must be written in English, Spanish, or any other language that the landlord knows, or has reason to know, is the primary language of the Tenant.
Amended by 2024 Ch. 113,§ 4, eff. 4/19/2024.
Amended by 2023 Ch. 414,§ 4, eff. 6/6/2023.
L. 1885: p. 226, § 5. R.S. 08: § 2605. C.L. § 6371. CSA: C. 70, § 6. CRS 53: § 58-1-6. C.R.S. 1963: § 58-1-6.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › FORCIBLE ENTRY AND DETAINER (§§ 13-40-101 — 13-40.1-102) › Article 40 - FORCIBLE ENTRY AND DETAINER - GENERAL PROVISIONS (§§ 13-40-101 — 13-40-128) › Section 13-40-107 - Notice to terminate tenancy

(1)
A landlord of nonresidential real property or a residential premises described in section 38-12-1302 (1)(a), (1)(b), (1)(d), (1)(e), or (1)(f) or a tenant of any property or premises may terminate a periodic tenancy at the end of the tenancy period or elect to not renew a fixed term tenancy at the end of the fixed term by serving written notice that expires at the end of the period or fixed term, based on the length of the applicable tenancy described in subsection (2) of this section.
(2)
The written notice described in subsection (1) of this section must be served before the end of the period or fixed term, as follows:
(a)
A tenancy for one year or longer, at least ninety-one days;
(b)
A tenancy of six months or longer but less than a year, at least twenty-eight days;
(c)
A tenancy of one month or longer but less than six months, at least twenty-one days;
(d)
A tenancy of one week or longer but less than one month, or a tenancy at will, at least three days;
(e)
A tenancy for less than one week, at least one day.
(3)
The written notice described in subsection (1) of this section must:
(a)
Describe the property and the particular date when the tenancy will terminate; and
(b)
Be signed by the landlord or tenant, the party giving such notice, or the landlord's or tenant's agent or attorney.
(4)
No written notice under subsection (1) of this section is necessary from a tenant with a fixed-term tenancy that is, by agreement, to end at a time certain.
Amended by 2024 Ch. 113,§ 5, eff. 4/19/2024.
Amended by 2017 Ch. 352, §2, eff. 8/9/2017.
L. 1885: p. 226, § 6. R.S. 08: § 2606. C.L. § 6372. CSA: C. 70, § 7. CRS 53: § 58-1-7. L. 55: p. 407, § 3. C.R.S. 1963: § 58-1-7. L. 79: (5) added, p. 1399, § 2, effective June 21. L. 2012: (1)(a), (1)(b), and (1)(c) amended, (SB 12-175), ch. 208, p. 825, § 9, effective July 1. L. 2017: (1)(c) amended, (SB 17-245), ch. 352, p. 1837, § 2, effective August 9.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › FORCIBLE ENTRY AND DETAINER (§§ 13-40-101 — 13-40.1-102) › Article 40 - FORCIBLE ENTRY AND DETAINER - GENERAL PROVISIONS (§§ 13-40-101 — 13-40-128) › Section 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.
Amended by 2024 Ch. 113,§ 7, eff. 4/19/2024.
L. 1885: p. 226, § 7. R.S. 08: § 2607. C.L. § 6373. CSA: C. 70, § 8. CRS 53: § 58-1-8. L. 61: p. 390, § 1. C.R.S. 1963: § 58-1-8.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › FORCIBLE ENTRY AND DETAINER (§§ 13-40-101 — 13-40.1-102) › Article 40 - FORCIBLE ENTRY AND DETAINER - GENERAL PROVISIONS (§§ 13-40-101 — 13-40-128) › Section 13-40-109 - Jurisdiction of courts

The district courts in their respective districts and county courts in their respective counties have jurisdiction of all cases of forcible entry, forcible detainer, or unlawful detainer arising pursuant to this article 40, and the person entitled to the possession of any premises may recover possession thereof by action brought in any of said courts in the manner provided in this article 40. On and after January 1, 2019, in all actions brought before county courts pursuant to section
13-40-104 (1)(f) to (1)(i)
, where the allegations of the complaint are put in issue by a verified answer and in actions in which the verified answer alleges a monthly rental value of the property in excess of twenty-five thousand dollars, the county court, upon the filing of said answer, shall suspend all proceedings therein and certify said cause and transmit the papers therein to the district court of the same county. Causes so certified by the county court shall be proceeded within the courts to which they have been so certified in all respects as if originally begun in the court to which they have been certified. On and after January 1, 2019, the jurisdiction of the county court to enter judgment for rent, or damages, or both and to render judgment on a counterclaim in forcible entry and detainer shall be limited to a total of twenty-five thousand dollars in favor of either party, exclusive of costs and attorney fees.
Amended by 2018 Ch. 298, §2, eff. 1/1/2019.
L. 1885: p. 226, § 8. L. 1887: p. 271, § 3. R.S. 08: § 2608. C.L. § 6374. CSA: C. 70, § 9. CRS 53: § 58-1-9. C.R.S. 1963: § 58-1-9. L. 64: p. 469, § 1. L. 75: Entire section amended, p. 562, § 2. L. 82: Entire section amended, p. 642, § 1, effective June 1. L. 90: Entire section amended, p. 850, § 9, effective May 31; entire section amended, p. 856, § 7, effective July 1. L. 2001: Entire section amended, p. 1518, § 13, effective September 1. L. 2018: Entire section amended, (SB 18-056), ch. 298, p. 1817, § 2, effective 1/1/2019.
Section 5 of chapter 298 (SB 18-056), Session Laws of Colorado 2018, provides that the act changing this section applies to civil actions filed on or after January 1, 2019.
For the legislative declaration contained in the 1990 act amending this section, see section 1 of chapter 100, Session Laws of Colorado 1990.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › FORCIBLE ENTRY AND DETAINER (§§ 13-40-101 — 13-40.1-102) › Article 40 - FORCIBLE ENTRY AND DETAINER - GENERAL PROVISIONS (§§ 13-40-101 — 13-40-128) › Section 13-40-110.5 - Automatic suppression of court records - definition

(1)
As used in this section, unless the context otherwise requires, "suppressed court record" means a court record that is accessible only to judges; court staff; a party to the case and, if represented, the party's attorneys; authorized judicial department staff; and a person with a valid court order authorizing access to the court record.
(2)
Upon the commencement of an action pursuant to this article 40, any court record of the action is a suppressed court record.
(3)
When an order granting the plaintiff possession of the premises is entered in an action to which this section applies, the record is no longer a suppressed court record and the court shall make the record available to the public unless the parties to the action agree that the record should remain suppressed. If the parties agree that the record should remain suppressed, the record remains a suppressed court record.
(4)
The names of the parties included in a court record that is suppressed pursuant to this section may be used by the court for administrative purposes, but the court shall not, for any reason, publish the names of the parties online.
(5)
In addition to the persons described in subsection (1) of this section, a court shall allow a person to access a suppressed court record if the person affirms to the court, in writing or electronically, that:
(a)
The person is an attorney, other than a party's attorney described in subsection (1) of this section, or is acting on behalf of the attorney;
(b)
A party included in the court record has given written or verbal permission for the person to access the suppressed court record;
(c)
The person is only accessing the record for the purpose of:
(I)
Providing legal advice to, or evaluating whether to enter an appearance on behalf of, the party who gave permission for the person to access the record; or
(II)
Evaluating whether the matter is suitable for mediation or in preparation for a mediation between the parties included in the court record; and
(d)
The person is not accessing the record for commercial purposes, other than as described in subsection (5)(c) of this section.
Amended by 2022 Ch. 19,§1, eff. 8/10/2022.
Added by 2020 Ch. 37,§1, eff. 12/1/2020.
Section 4(2) of chapter 37 (HB 20-1009), Session Laws of Colorado 2020, provides that the act adding this section applies to actions commenced on or after December 1, 2020.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › FORCIBLE ENTRY AND DETAINER (§§ 13-40-101 — 13-40.1-102) › Article 40 - FORCIBLE ENTRY AND DETAINER - GENERAL PROVISIONS (§§ 13-40-101 — 13-40-128) › Section 13-40-112 - Service

(1)
Such summons may be served by personal service as in any civil action. A copy of the complaint must be served with the summons.
(2)
If personal service cannot be had upon the defendant by a person qualified under the Colorado rules of civil procedure to serve process, after having made diligent effort to make such personal service, such person may make service by posting a copy of the summons and the complaint in some conspicuous place upon the premises. In addition thereto, the plaintiff shall mail, no later than the next business day following the day on which he or she files the complaint, a copy of the summons, or, in the event that an alias summons is issued, a copy of the alias summons, and a copy of the complaint to the defendant at the premises by postage prepaid, first-class mail.
(3)
Personal service or service by posting shall be made at least seven days before the day for appearance specified in such summons, and the time and manner of such service shall be endorsed upon such summons by the person making service thereof.
(4)
For purposes of this section, "business days" means any calendar day excluding Saturdays, Sundays, and legal holidays.
L. 1885: p. 227, § 11. L. 1887: p. 273, § 6. R.S. 08: § 2611. C.L. § 6377. CSA: C. 70, § 12. CRS 53: § 58-1-12. L. 61: p. 392, § 4. C.R.S. 1963: § 58-1-12. L. 64: p. 470, § 3. L. 83: (2) and (3) amended, p. 632, § 1, effective May 26. L. 84: (2) and (3) amended, p. 465, § 1, effective March 16. L. 87: (2) amended, p. 566, § 3, effective March 13. L. 2004: (2) and (3) amended and (4) added, p. 594, § 2, effective July 1. L. 2012: (3) amended, (SB 12-175), ch. 208, p. 825, § 11, effective July 1.
For the procedure for service of process, see C.R.C.P. 4.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › FORCIBLE ENTRY AND DETAINER (§§ 13-40-101 — 13-40.1-102) › Article 40 - FORCIBLE ENTRY AND DETAINER - GENERAL PROVISIONS (§§ 13-40-101 — 13-40-128) › Section 13-40-114 - Delay in trial - undertaking

If either party requests a delay in trial longer than five days, the court in its discretion may, upon good cause shown, require either of the parties to give bond or other security approved and fixed by the court in an amount for the payment to the opposite party of such sum as he may be damaged due to the delay.
L. 1885: p. 228, § 13. R.S. 08: § 2613. C.L. § 6379. CSA: C. 70, § 14. CRS 53: § 58-1-14. L. 61: p. 393, § 6. C.R.S. 1963: § 58-1-14. L. 87: Entire section amended, p. 566, § 4, effective March 13.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › FORCIBLE ENTRY AND DETAINER (§§ 13-40-101 — 13-40.1-102) › Article 40 - FORCIBLE ENTRY AND DETAINER - GENERAL PROVISIONS (§§ 13-40-101 — 13-40-128) › Section 13-40-115 - Judgment - writ of restitution - cure period

(1)
Upon the trial of any action under this article if service was had only by posting in accordance with section
13-40-112(2)
and if the court finds that the defendant has committed an unlawful detainer, the court shall enter judgment for the plaintiff to have restitution of the premises and shall issue a writ of restitution. The court may also continue the case for further hearing from time to time and may issue alias and pluries summonses until personal service upon the defendant is had.
(2)
Upon a trial or further hearing pursuant to this article 40 after personal service has been made upon the defendant in accordance with section
13-40-112(1)
, if the court or jury has not already tried the issue of unlawful detainer, it may do so. If the court finds that the defendant has committed an unlawful detainer, the court shall enter judgment for the plaintiff to have restitution of the premises and shall issue a writ of restitution. In addition to the judgment for restitution, the court or jury shall further find the amount of rent, if any, due to the plaintiff from the defendant at the time of trial; the amount of damages, if any, sustained by the plaintiff to the time of the trial on account of the unlawful detention of the property by the defendant; and damages sustained by the plaintiff to the time of trial on account of injuries to the property. The court shall enter judgment for such amounts, together with any reasonable attorney fees and costs as in other civil actions. This section does not permit the entry of judgment in excess of the court's jurisdictional limit.
(3)
A writ of restitution that is issued by the court pursuant to subsection (1) or (2) of this section shall remain in effect for forty-nine days after issuance and shall automatically expire thereafter.
(4)
A landlord who provides a tenant with proper notice of nonpayment shall accept payment of the tenant's full payment of all amounts due according to the notice, as well as any rent that remains due under the rental agreement, at any time until a judge issues a judgment for possession pursuant to subsection (1) or (2) of this section. A tenant may pay this amount to either the landlord or to the court. Once a court has confirmation that the full amount has been timely paid, the court shall:
(a)
Vacate any judgments that have been issued; and
(b)
Dismiss the action with prejudice.
(5)
The rights provided in subsection (4) of this section may not be waived by any written agreement.
Amended by 2021 Ch. 349,§ 3, eff. 10/1/2021.
L. 1885: p. 228, § 14. R.S. 08: § 2614. C.L. § 6380. CSA: C. 70, § 15. CRS 53: § 58-1-15. L. 61: p. 393, § 7. C.R.S. 1963: § 58-1-15. L. 2005: (3) added, p. 263, § 1, effective August 8. L. 2012: (3) amended, (SB 12-175), ch. 826, p. 826, § 12, effective July 1.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › FORCIBLE ENTRY AND DETAINER (§§ 13-40-101 — 13-40.1-102) › Article 40 - FORCIBLE ENTRY AND DETAINER - GENERAL PROVISIONS (§§ 13-40-101 — 13-40-128) › Section 13-40-116 - Dismissal

If the plaintiff's action brought for any of the causes mentioned in this article, upon the trial thereon, is dismissed or the action fails to prove the plaintiff's right to the possession of the premises described in the complaint, the defendant shall have judgment and execution for his costs.
L. 1885: p. 229, § 16. R.S. 08: § 2616. C.L. § 6382. CSA: C. 70, § 17. CRS 53: § 58-1-17. C.R.S. 1963: § 58-1-17.
For dismissal of actions generally, see C.R.C.P. 41.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › FORCIBLE ENTRY AND DETAINER (§§ 13-40-101 — 13-40.1-102) › Article 40 - FORCIBLE ENTRY AND DETAINER - GENERAL PROVISIONS (§§ 13-40-101 — 13-40-128) › Section 13-40-117 - Appeals

(1)
If either party feels aggrieved by the judgment rendered in such action before the county court, he may appeal to the district court, as in other cases tried before the county court, with the additional requirements provided in this article.
(2)
Upon the court's taking such appeal, all further proceedings in the case shall be stayed, and the appellate court shall thereafter issue all needful writs and process to carry out any judgment which may be rendered thereon in the appellate court.
(3)
If the appellee believes that the appellee may suffer serious economic harm during the pendency of the appeal, the appellee may petition the court taking the appeal to require the appellant to have an additional undertaking to cover the anticipated harm. The court shall order such undertaking only after a hearing and upon a finding that the appellee has shown a substantial likelihood of suffering such economic harm during the pendency of the appeal and that the appellee will not be adequately protected under the appeals bond and the other requirements for appeal pursuant to sections
13-40-118
,
13-40-120
, and
13-40-123
.
Amended by 2021 Ch. 349, §4, eff. 10/1/2021.
L. 1885: p. 229, § 17. R.S. 08: § 2617. C.L. § 6383. CSA: C. 70, § 18. CRS 53: § 58-1-18. C.R.S. 1963: § 58-1-18. L. 64: p. 470, § 4. L. 84: Entire section amended, p. 466, § 1, effective July 1. L. 85: (1) amended, p. 571, § 8, effective 11/14/1986.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › FORCIBLE ENTRY AND DETAINER (§§ 13-40-101 — 13-40.1-102) › Article 40 - FORCIBLE ENTRY AND DETAINER - GENERAL PROVISIONS (§§ 13-40-101 — 13-40-128) › Section 13-40-118 - Deposit of rent

In all appeals from the judgment of a county court, in an action founded upon section
13-40-104(1)(d)
, the defendant, at the time of the filing thereof, shall deposit with the court the amount of rent found due and specified in such judgment. Unless such deposit is made, the appeal is not perfected, and proceedings upon such judgment shall thereupon be had accordingly. If the appeal is perfected, the court shall transmit such deposit to the clerk of the appellate court, with the papers in such case; and the appellant thereafter, at the time when the rents become due as specified in the judgment appealed from and as often as the same become due, shall deposit the amount thereof with the clerk of such appellate court. In case the appellant, at any time during the pendency of such appeal and before final judgment therein, neglects or fails to make any deposit of rent, falling due at the time specified in the judgment appealed from, the court in which such appeal is pending, upon such fact being made to appear and upon motion of the appellee, shall affirm the judgment appealed from with costs; and proceedings thereupon shall be had as in like cases determined upon the merits.
L. 1885: p. 229, § 18. R.S. 08: § 2618. C.L. § 6384. CSA: C. 70, § 19. CRS 53: § 58-1-19. C.R.S. 1963: § 58-1-19. L. 64: p. 471, § 5. L. 84: Entire section amended, p. 467, § 2, effective July 1.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › FORCIBLE ENTRY AND DETAINER (§§ 13-40-101 — 13-40.1-102) › Article 40 - FORCIBLE ENTRY AND DETAINER - GENERAL PROVISIONS (§§ 13-40-101 — 13-40-128) › Section 13-40-119 - Rules of practice

In all actions brought under any provision of this article in any court, the proceedings shall be governed by the rules of practice and the provisions of law concerning civil actions in such court, except as may be otherwise provided in this article.
L. 1885: p. 230, § 20. R.S. 08: § 2620. C.L. § 6386. CSA: C. 70, § 21. CRS 53: § 58-1-21. L. 61: p. 394, § 8. C.R.S. 1963: § 58-1-21.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › FORCIBLE ENTRY AND DETAINER (§§ 13-40-101 — 13-40.1-102) › Article 40 - FORCIBLE ENTRY AND DETAINER - GENERAL PROVISIONS (§§ 13-40-101 — 13-40-128) › Section 13-40-120 - Appellate review

Appellate review of the judgment of the district courts of this state, in proceedings under this article, is allowed as provided by law and the Colorado appellate rules. In cases of appeal from judgments founded upon causes of action embraced in section
13-40-104 (1)(d)
, the deposit of rent money during pendency of appeal shall be made, or judgment of affirmance shall be entered, in the manner provided in section
13-40-118
.
L. 1885: p. 230, § 22. L. 1891: p. 228, § 1. R.S. 08: § 2622. C.L. § 6388. CSA: C. 70, § 23. CRS 53: § 58-1-23. C.R.S. 1963: § 58-1-22. L. 64: p. 472, § 6. L. 84: Entire section amended, p. 467, § 3, effective July 1. L. 85: Entire section amended, p. 571, § 9, effective 11/14/1986.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › FORCIBLE ENTRY AND DETAINER (§§ 13-40-101 — 13-40.1-102) › Article 40 - FORCIBLE ENTRY AND DETAINER - GENERAL PROVISIONS (§§ 13-40-101 — 13-40-128) › Section 13-40-121 - When deposit of rent is paid

The rent money deposited, as provided for in this article, shall be paid to the landlord entitled thereto, upon the order of the court wherein the same is deposited and at such time and in such manner as the court determines necessary to protect the rights of the parties.
L. 1885: p. 231, § 23. R.S. 08: § 2623. C.L. § 6389. CSA: C. 70, § 24. CRS 53: § 58-1-24. C.R.S. 1963: § 58-1-23.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › FORCIBLE ENTRY AND DETAINER (§§ 13-40-101 — 13-40.1-102) › Article 40 - FORCIBLE ENTRY AND DETAINER - GENERAL PROVISIONS (§§ 13-40-101 — 13-40-128) › Section 13-40-123 - Damages

The prevailing party in any action brought under the provisions of this article is entitled to recover damages, reasonable attorney fees, and costs of suit; except that a residential landlord or tenant who is a prevailing party shall not be entitled to recover reasonable attorney fees unless the residential rental agreement between the parties contains a provision for either party to obtain attorney fees. Nothing in this section shall be construed to permit the entry of judgments in any single proceeding in excess of the jurisdictional limit of said court.
L. 1885: p. 231, § 25. R.S. 08: § 2625. C.L. § 6391. CSA: C. 70, § 26. CRS 53: § 58-1-26. L. 61: p. 394, § 9. C.R.S. 1963: § 58-1-25. L. 84: Entire section amended, p. 467, § 4, effective July 1. L. 2008: Entire section amended, p. 1819, § 2, effective September 1.
For assessment for expense and inconvenience in litigation, see C.R.C.P. 3(a); for awarding of attorney fees in civil actions generally, see § 13-17-102.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › FORCIBLE ENTRY AND DETAINER (§§ 13-40-101 — 13-40.1-102) › Article 40 - FORCIBLE ENTRY AND DETAINER - GENERAL PROVISIONS (§§ 13-40-101 — 13-40-128) › Section 13-40-124 - [Repealed]

L. 86: Entire section added, p. 436, § 8, effective April 18. L. 87: (1)(f)(I), (1)(g), (3), and (4) amended and (1)(j) and (5) added, p. 1357, §§ 7, 8, effective July 1; (1)(i) amended, p. 1577, § 17, effective July 10.
Subsection (4) provided for the repeal of subsections (1) to (4), effective January 31, 1989. (See L. 87, p. 1357.) Subsection (5)(b) provided for the repeal of subsection (5), effective July 1, 1991. (See L. 87, p. 1357.)
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › FORCIBLE ENTRY AND DETAINER (§§ 13-40-101 — 13-40.1-102) › Article 40 - FORCIBLE ENTRY AND DETAINER - GENERAL PROVISIONS (§§ 13-40-101 — 13-40-128) › Section 13-40-125 - [Repealed]

L. 86: Entire section added, p. 437, § 8, effective April 18. L. 87: (1) to (4) amended and (3.5) and (5) added, p. 1358, §§ 9, 10.
Subsection (4) provided for the repeal of subsections (1) to (4), effective January 31, 1989. (See L. 87, p. 1358.) Subsection (5)(b) provided for the repeal of subsection (5), effective July 1, 1991. (See L. 87, p. 1358.)
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › FORCIBLE ENTRY AND DETAINER (§§ 13-40-101 — 13-40.1-102) › Article 40 - FORCIBLE ENTRY AND DETAINER - GENERAL PROVISIONS (§§ 13-40-101 — 13-40-128) › Section 13-40-125.5 - [Repealed]

L. 87: Entire section added, p. 1360, § 11, effective July 1.
Subsection (4) provided for the repeal of this section, effective January 31, 1989. (See L. 87, p. 1360.)
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › FORCIBLE ENTRY AND DETAINER (§§ 13-40-101 — 13-40.1-102) › Article 40 - FORCIBLE ENTRY AND DETAINER - GENERAL PROVISIONS (§§ 13-40-101 — 13-40-128) › Section 13-40-126 - [Repealed]

L. 86: Entire section added, p. 438, § 9, effective April 18. L. 87: Entire section amended, p. 1361, § 12, effective July 1.
Subsection (2) provided for the repeal of this section, effective January 31, 1989. (See L. 87, p. 1361.)
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › FORCIBLE ENTRY AND DETAINER (§§ 13-40-101 — 13-40.1-102) › Article 40.1 - REMOVAL OF UNAUTHORIZED PERSONS (§§ 13-40.1-101 — 13-40.1-102) › Section 13-40.1-102 - Unauthorized alteration or damage of a residential property

(1)
If a person's conduct satisfies all of the elements of section
18-4-501
, the person who is removed from a residential property pursuant to section
13-40.1-101
and who knowingly damages the real or personal property of one or more other persons may have committed criminal mischief.
(2)
Nothing in this section precludes the prosecution of violations under any other provision of law.
Added by 2018 Ch. 393,§ 2, eff. 7/1/2018.
L. 2018: Entire article added, (SB 18-015), ch. 393, p. 2350, § 2, effective July 1.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › HABEAS CORPUS (§§ 13-45-101 — 13-45-121) › Article 45 - HABEAS CORPUS - GENERAL PROVISIONS (§§ 13-45-101 — 13-45-121) › Section 13-45-101 - Petition for writ - criminal cases

(1)
If any person is committed or detained for any criminal or supposed criminal matter, it is lawful for him to apply to the supreme or district courts for a writ of habeas corpus, which application shall be in writing and signed by the prisoner or some person on his behalf setting forth the facts concerning his imprisonment and in whose custody he is detained, and shall be accompanied by a copy of the warrant of commitment, or an affidavit that the said copy has been demanded of the person in whose custody the prisoner is detained, and by him refused or neglected to be given. The court to which the application is made shall forthwith award the writ of habeas corpus, unless it appears from the petition itself, or from the documents annexed, that the party can neither be discharged nor admitted to bail nor in any other manner relieved. Said writ, if issued by the court, shall be under the seal of the court, and directed to the person in whose custody the prisoner is detained, and made returnable forthwith.
(2)
To the intent that no officer, sheriff, jailer, keeper, or other person to whom such writ is directed may pretend ignorance thereof, every writ shall be endorsed with the words "by the habeas corpus act". When the writ is served by any person upon the sheriff, jailer, or keeper, or other person to whom the same is directed, or brought to him, or left with any of his underofficers or deputies at the jail or place where the prisoner is detained, he or some of his underofficers or deputies, upon payment or tender of the charges of bringing the said prisoner, to be ascertained by the court awarding the said writ and endorsed thereon not exceeding fifteen cents per mile and upon sufficient security given to pay the charges of carrying him back if he is remanded, shall make return of the writ and bring, or cause to be brought, the body of the prisoner before the court which granted the writ and certify the true cause of his imprisonment within three days thereafter, unless the commitment of such person is in a place beyond the distance of twenty miles from the place where the writ is returnable; if it is beyond the distance of twenty miles and not above one hundred miles, the writ shall be returned within ten days and, if beyond the distance of one hundred miles, within twenty days after the delivery of the writ, and not longer.
R.S. p. 352, § 1. G.L. § 1323. G.S. § 1609. R.S. 08: § 2917. C.L. § 6486. CSA: C. 77, § 1. CRS 53: § 65-1-1. C.R.S. 1963: § 65-1-1.
For the constitutional bar to suspension of habeas corpus, see § 21 of art. II, Colo. Const.; for the availability of writ, see C.R.C.P. 106(a).
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › HABEAS CORPUS (§§ 13-45-101 — 13-45-121) › Article 45 - HABEAS CORPUS - GENERAL PROVISIONS (§§ 13-45-101 — 13-45-121) › Section 13-45-102 - Petition for relief - civil cases

When any person not being committed or detained for any criminal or supposed criminal matter is confined or restrained of his liberty under any color or pretense whatever, he may proceed by appropriate action as prescribed by the Colorado rules of civil procedure in the nature of habeas corpus which petition shall be in writing, signed by the party or some person on his behalf, setting forth the facts concerning his imprisonment and wherein the illegality of such imprisonment consists, and in whose custody he is detained. The petition shall be verified by the oath or affirmation of the party applying or some other person on his behalf. If the confinement or restraint is by virtue of any judicial process or order, a copy thereof shall be annexed thereto or an affidavit made that the same has been demanded and refused. The same proceedings shall thereupon be had in all respects as are directed in section
13-45-101
.
R.S. 353, § 2. G.L. § 1324. G.S. § 1610. R.S. 08: § 2918. C.L. § 6487. CSA: C. 77, § 2. CRS 53: § 65-1-2. C.R.S. 1963: § 65-1-2.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › HABEAS CORPUS (§§ 13-45-101 — 13-45-121) › Article 45 - HABEAS CORPUS - GENERAL PROVISIONS (§§ 13-45-101 — 13-45-121) › Section 13-45-103 - Hearing - pleadings - discharge

(1)
Upon the return of the writ of habeas corpus, a day shall be set for the hearing of the cause of imprisonment or detainer not exceeding five days thereafter, unless the prisoner requests a longer time. The prisoner may deny any of the material facts set forth in the return or may allege any fact to show either that the imprisonment or detention is unlawful or that he is then entitled to his discharge, which allegations or denials shall be made on oath. The return may be amended by leave of the court, before or after the same is filed as also may all suggestions made against it, that thereby all material facts may be ascertained. The court shall proceed in a summary way to settle the facts by hearing the testimony and arguments of all parties interested civilly, if there are any, as well as of the prisoner and the person who holds him in custody and shall dispose of the prisoner as the case may require.
(2)
If it appears that the prisoner is in custody by virtue of process from any court legally constituted, he can be discharged only for some of the following causes:
(a)
Where the court has exceeded the limit of its jurisdiction, either as to the matter, place, sum, or person;
(b)
Where, though the original imprisonment was lawful, yet by some act, omission, or event which has subsequently taken place, the party has become entitled to his discharge;
(c)
Where the process is defective in some substantial form required by law;
(d)
Where the process, though in proper form, has been issued in a case or under circumstances where the law does not allow process or orders for imprisonment or arrest to issue;
(e)
Where, although in proper form, the process has been issued or executed by a person either unauthorized to issue or execute the same or where the person having the custody of the prisoner under such process is not the person empowered by law to detain him;
(f)
Where the process appears to have been obtained by false pretense or bribery;
(g)
Where there is no general law, nor any judgment, order, or decree of a court to authorize the process, if in a civil suit, nor any conviction if in a criminal proceeding.
(3)
No court on the return of a habeas corpus shall inquire into the legality or justice of a judgment or decree of a court legally constituted, in any other manner. In all cases where the imprisonment is for a criminal or supposed criminal matter, if it appears to the court that there is sufficient legal cause for the commitment of the prisoner although such commitment may have been informally made, or without due authority, or the process may have been executed by a person not authorized, the court shall make a new commitment, in proper form and directed to the proper officer, or admit the party to bail if the case is bailable.
R.S. p. 353, § 3. G.L. § 1325. G.S. § 1611. R.S. 08: § 2919. C.L. § 6488. CSA: C. 77, § 3. CRS 53: § 65-1-3. C.R.S. 1963: § 65-1-3.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › HABEAS CORPUS (§§ 13-45-101 — 13-45-121) › Article 45 - HABEAS CORPUS - GENERAL PROVISIONS (§§ 13-45-101 — 13-45-121) › Section 13-45-104 - Witnesses - duty of sheriff

When a habeas corpus is issued to bring the body of any prisoner committed as aforesaid, unless the court issuing the same deems it wholly unnecessary and useless, the court shall issue a subpoena to the sheriff of the county where said person is confined, commanding him to summon the witnesses therein named to appear before the court at the time and place where such habeas corpus is returnable. It is the duty of the sheriff to serve such subpoena, if it is possible, in time to enable such witnesses to attend. It is the duty of the witnesses thus served with said subpoena to attend and give evidence before the court issuing the same on pain of being deemed guilty of a contempt of court and proceeded against accordingly by said court.
R.S. p. 253, § 243. G.L. § 848. G.S. § 989. R.S. 08: § 2920. C.L. § 6489. CSA: C. 77, § 4. CRS 53: § 65-1-4. C.R.S. 1963: § 65-1-4.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › HABEAS CORPUS (§§ 13-45-101 — 13-45-121) › Article 45 - HABEAS CORPUS - GENERAL PROVISIONS (§§ 13-45-101 — 13-45-121) › Section 13-45-105 - Court to examine witnesses

On the hearing of any habeas corpus, it is the duty of the court who hears the same to examine the witnesses aforesaid, and such other witnesses as the prisoner may request, touching any offense named in the warrant of commitment whether or not said offense is technically set out in the commitment.
R.S. p. 254, § 244. G.L. § 849. G.S. § 990. R.S. 08: § 2921. C.L. § 6490. CSA: C. 77, § 5. CRS 53: § 65-1-5. C.R.S. 1963: § 65-1-5.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › HABEAS CORPUS (§§ 13-45-101 — 13-45-121) › Article 45 - HABEAS CORPUS - GENERAL PROVISIONS (§§ 13-45-101 — 13-45-121) › Section 13-45-106 - Bail - recognizance - binding witness

(1)
When any person is admitted to bail on habeas corpus, he shall enter into recognizance with one or more securities in such sum as the court directs, having regard to the circumstances of the prisoner and the nature of the offense, conditioned upon his appearance at the district court held in and for the county where the offense was committed or where the same is to be tried. Where any court admits to bail or remands any prisoner brought before it on any writ of habeas corpus, it is the duty of the court to bind all such persons who declare anything material to prove the offense with which the prisoner is charged by recognizance to appear at the proper court having cognizance of the offense, upon a date certain, to give evidence touching the offense and not to depart the court without leave.
(2)
Repealed.
Amended by 2021 Ch. 462,§158, eff. 3/1/2022.
R.S. p. 354, § 4. G.L. § 1326. G.S. § 1612. R.S. 08: § 2922. C.L. § 6491. CSA: C. 77, § 6. CRS 53: § 65-1-6. C.R.S. 1963: § 65-1-6.
2021 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › HABEAS CORPUS (§§ 13-45-101 — 13-45-121) › Article 45 - HABEAS CORPUS - GENERAL PROVISIONS (§§ 13-45-101 — 13-45-121) › Section 13-45-107 - Remand - second writ - offenses not bailable

When any prisoner brought up on a habeas corpus is remanded to prison, it is the duty of the court remanding him to make out and deliver to the sheriff, or other person to whose custody he is remanded, an order in writing stating the cause of remanding him. If such prisoner obtains a second writ of habeas corpus, it is the duty of such sheriff or other person to whom the same is directed to return therewith the order aforesaid. If it appears that the prisoner was remanded for any offense not bailable, it shall be taken and received as conclusive, and the prisoner shall be remanded without further proceedings.
R.S. p. 355, § 5. G.L. § 1327. G.S. § 1613. R.S. 08: § 2923. C.L. § 6492. CSA: C. 77, § 7. CRS 53: § 65-1-7. C.R.S. 1963: § 65-1-7.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › HABEAS CORPUS (§§ 13-45-101 — 13-45-121) › Article 45 - HABEAS CORPUS - GENERAL PROVISIONS (§§ 13-45-101 — 13-45-121) › Section 13-45-108 - Second writ - bailable offense

It is unlawful for any court, on a second writ of habeas corpus obtained by the prisoner to discharge the prisoner if he is clearly and specifically charged in the warrant of commitment with a criminal offense; but the court on the return of such second writ has power only to admit such prisoner to bail, where the offense is bailable by law, or remand him to prison where the offense is not bailable or where such prisoner fails to give the bail required.
R.S. p. 355, § 6. G.L. § 1328. G.S. § 1614. R.S. 08: § 2924. C.L. § 6493. CSA: C. 77, § 8. CRS 53: § 65-1-8. C.R.S. 1963: § 65-1-8.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › HABEAS CORPUS (§§ 13-45-101 — 13-45-121) › Article 45 - HABEAS CORPUS - GENERAL PROVISIONS (§§ 13-45-101 — 13-45-121) › Section 13-45-109 - Once discharged - reimprisonment

(1)
No person who has been discharged by order of a court on a habeas corpus shall be again imprisoned, restrained, or kept in custody for the same cause, unless he is afterwards indicted for the same offense or unless by the legal order or process of the court wherein he is bound by recognizance to appear.
(2)
The following shall not be deemed to be the same cause:
(a)
If, after a discharge for a defect of proof or on any material defect in the commitment in a criminal case, the prisoner is again arrested on sufficient proof and committed by legal process for the same offense;
(b)
If, in a civil suit, the party has been discharged for any illegality in the judgment or process and is afterwards imprisoned by legal process for the same cause of action;
(c)
Generally, when the discharge has been ordered on account of the nonobservance of any of the forms required by law, the party may be a second time imprisoned if the cause is legal and the forms required by law observed.
R.S. p. 355, § 7. G.L. § 1329. G.S. § 1615. R.S. 08: § 2925. C.L. § 6494. CSA: C. 77, § 9. CRS 53: § 65-1-9. C.R.S. 1963: § 65-1-9.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › HABEAS CORPUS (§§ 13-45-101 — 13-45-121) › Article 45 - HABEAS CORPUS - GENERAL PROVISIONS (§§ 13-45-101 — 13-45-121) › Section 13-45-110 - Prisoner not to be removed - when

To prevent any person from avoiding or delaying his trial, it is unlawful to remove any prisoner on habeas corpus under this article out of the county in which he is confined within fifteen days next preceding the date certain set for trial except if it is to convey him into the county where the offense with which he stands charged is properly cognizable.
R.S. p. 356, § 9. G.L. § 1331. G.S. § 1617. R.S. 08: § 2927. C.L. § 6495. CSA: C. 77, § 10. CRS 53: § 65-1-10. C.R.S. 1963: § 65-1-10.