reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › CIVIL PROTECTION ORDERS (§§ 13-14-100.2 — 13-14.5-116) › Article 14.5 - EXTREME RISK PROTECTION ORDERS (§§ 13-14.5-101 — 13-14.5-116) › Section 13-14.5-113 - Liability

(1)
Except as provided in section
13-14.5-111
, this article 14.5 does not impose criminal, administrative, or civil liability on any person, including a community member, or entity for acts or omissions made in good faith related to obtaining an extreme risk protection order or a temporary extreme risk protection order, including but not limited to reporting, declining to report, investigating, declining to investigate, filing, or declining to file a petition pursuant to this article 14.5. This article 14.5 does not impose criminal or civil liability on a peace officer lawfully enforcing an order pursuant to this article 14.5.
(2)
A person who files a malicious or knowingly false petition for a temporary extreme risk protection order or an extreme risk protection order may be subject to criminal prosecution or civil liability for those acts.
(3)
A federally licensed firearms dealer or law enforcement agency that stores a firearm as permitted by this article 14.5 is not civilly liable for any resulting damages to the firearm, as long as such damage did not result from the willful and wrongful act or gross negligence of the person or law enforcement agency storing the firearm.
(4)
This article 14.5 does not require a family or household member of the respondent, a community member, or a law enforcement officer or agency to file a petition for a temporary emergency extreme risk protection order or petition for an extreme risk protection order.
(5)
A community member's employer shall not use a community member's acts or omissions made in good faith related to obtaining an extreme risk protection order or a temporary extreme risk protection order, including but not limited to reporting, declining to report, investigating, declining to investigate, filing, or declining to file a petition pursuant to this article 14.5 as a basis for discipline or termination.
Amended by 2023 Ch. 124,§ 1, eff. 4/28/2023.
Amended by 2021 Ch. 293, §6, eff. 6/22/2021.
Added by 2019 Ch. 108, §1, eff. 4/12/2019.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › CIVIL PROTECTION ORDERS (§§ 13-14-100.2 — 13-14.5-116) › Article 14.5 - EXTREME RISK PROTECTION ORDERS (§§ 13-14.5-101 — 13-14.5-116) › Section 13-14.5-114 - Instructional and informational material - definition

(1)
(a)
The state court administrator shall develop standard petitions and extreme risk protection order forms and temporary extreme risk protection order forms in more than one language consistent with state judicial department practices. The standard petition and order forms must be used after January 1, 2020, for all petitions filed and orders issued pursuant to this article 14.5. The state court administrator may consult with interested parties in developing the petitions and forms. The materials must be available online consistent with state judicial department practices.
(b)
The extreme risk protection order form must include, in a conspicuous location, notice of criminal penalties resulting from violation of the order and the following statement:
You have the sole responsibility to avoid or refrain from violating this extreme risk protection order's provisions. Only the court can change the order and only upon written motion.
(2)
A court clerk for each judicial district shall create a community resource list of crisis intervention, mental health, substance abuse, interpreter, counseling, and other relevant resources serving the county in which the court is located. The court shall make the community resource list available as part of or in addition to the informational brochures described in subsection (1) of this section.
(3)
The state court administrator shall distribute a master copy of the standard petition and extreme risk protection order forms to all court clerks and all district and county courts.
(4)
Courts shall accept petitions pursuant to sections
13-14.5-103
and
13-14.5-104
beginning on January 1, 2020.
Amended by 2023 Ch. 124,§ 1, eff. 4/28/2023.
Added by 2019 Ch. 108, §1, eff. 4/12/2019.
L. 2019: Entire article added, (HB 19 -1177), ch. 398, p. 398, §1, effective April 12.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › CIVIL PROTECTION ORDERS (§§ 13-14-100.2 — 13-14.5-116) › Article 14.5 - EXTREME RISK PROTECTION ORDERS (§§ 13-14.5-101 — 13-14.5-116) › Section 13-14.5-115 - Effect of previous issued orders

The enactment of SB 23-170 and the provisions of this article 14.5 authorizing the court to enter an order pursuant to section
13-14.5-103
or
13-14.5-104
do not limit, change, void, or otherwise impact an extreme risk protection order entered by the court pursuant to this article 14.5 prior to the effective date of SB 23-170. Any such order remains in effect until it expires by its own terms or is terminated by the court.
Added by 2023 Ch. 124,§ 1, eff. 4/28/2023.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › CIVIL PROTECTION ORDERS (§§ 13-14-100.2 — 13-14.5-116) › Article 14.5 - EXTREME RISK PROTECTION ORDERS (§§ 13-14.5-101 — 13-14.5-116) › Section 13-14.5-116 - Severability

If any provision of this article 14.5 or the application thereof to any person or circumstance is held invalid, such invalidity does not affect other provisions or applications of this article 14.5 that can be given effect without the invalid provision or application, and to this end the provisions of this article 14.5 are declared to be severable.
Added by 2023 Ch. 124,§ 1, eff. 4/28/2023.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › CHANGE OF NAME (§§ 13-15-101 — 13-15-102) › Article 15 - CHANGE OF NAME (§§ 13-15-101 — 13-15-102) › Section 13-15-102 - Publication of change

(1)
Public notice of a change of name shall be given at least three times within twenty-one days after the court orders publication pursuant to section
13-15-101
(1.5). The person changing his or her name shall cause such public notice to be given in a newspaper published in the county in which the person resides. If no newspaper is published in that county, such notice shall be published in a newspaper in such county as the court directs.
(2)
Public notice of such name change through publication as required in subsection (1) of this section is not required if the petitioner has been:
(a)
The victim of a crime, the underlying factual basis of which has been found by the court on the record to include an act of domestic violence, as defined in section
18-6-800.3 (1)
, C.R.S.;
(b)
The victim of child abuse, as defined in section
18-6-401
, C.R.S.;
(c)
The victim of domestic abuse as that term is defined in section
13-14-101 (2)
; or
(d)
A child or youth adjudicated dependent or neglected pursuant to article
3
of title
19
or subject to a continued adjudication pursuant to section
19-3-505 (4)
.
(3)
A petitioner need not give public notice of a name change as required by subsection (1) of this section if the petitioner qualifies for the simplified process under section
13-15-101 (5)
.
(4)
(a)
A petitioner need not give public notice of a name change as required by subsection (1) of this section if the petitioner is changing the petitioner's name to conform with the petitioner's gender identity.
(b)
Notwithstanding subsection (4)(a) of this section, the court may require a petitioner to give public notice of a name change pursuant to subsection (1) of this section if the name change is requested pursuant to section 13-15-101 (3)(b) and is for the purpose of changing the petitioner's name to conform with the petitioner's gender identity.
Amended by 2024 Ch. 111,§ 2, eff. 4/19/2024.
Amended by 2023 Ch. 67,§ 3, eff. 8/7/2023.
Amended by 2019 Ch. 377, §6, eff. 1/1/2020.
Amended by 2014 Ch. 306, §4, eff. 8/6/2014.
G.L. § 1851. G.S. § 2453. R.S. 08: § 4349. C.L. § 6485. CSA: C. 30, § 2. CRS 53: § 19-1-2. C.R.S. 1963: § 20-1-2. L. 99: Entire section amended, p. 1178, § 4, effective June 2. L. 2004: (2)(c) amended, p. 554, § 7, effective July 1; (1) amended, p. 120, § 2, effective September 1. L. 2005: (1) amended, p. 21, § 2, effective February 23. L. 2014: (3) added, (SB 14-087), ch. 1298, p. 1298, § 4, effective August 6. L. 2019: (4) added, (HB 19-1039), ch. 3408, p. 3408, § 6, effective 1/1/2020.
2023 Ch. 67, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
For the number of publications required, see §24-70-106 .
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › COSTS (§§ 13-16-101 — 13-17.5-108) › Article 16 - COSTS - CIVIL ACTIONS (§§ 13-16-101 — 13-16-125) › Section 13-16-101 - Security for costs

(1)
In all actions on official bonds for the use of any persons, actions on the bonds of executors, administrators, or guardians, and qui tam actions on any penal statute, the person or plaintiff for whose use the action is to be commenced, before he or she institutes such suit, shall file or cause to be filed with the clerk of the court in which the action is to be commenced an instrument in writing as described in subsection (3) of this section for security for the payment of costs of suit.
(2)
In all cases in law and equity where the plaintiff, or the person for whose use an action is to be commenced, is not a resident of this state, upon motion of the defendant or any officer of the court pursuant to section
13-16-102
, the court may require the nonresident plaintiff to give an instrument in writing for the payment of costs of suit as described in subsection (3) of this section; except that, to ensure that access to the courts is not unreasonably denied, a court shall not require an instrument in writing for the payment of costs of suit in excess of five thousand dollars.
(3)
As used in this section and section
13-16-102
, "instrument in writing" means an instrument in writing of some responsible person, being a resident of this state, to be approved by the clerk, whereby such person shall acknowledge himself or herself bound to pay, or cause to be paid, all costs which may accrue in such action either to the opposite party or to any of the officers of such courts, which instrument may be in form as follows:
A. B.
)
vs.
)
.......... Court.
C. D.
)
I do hereby enter myself security for costs in this case, and acknowledge myself bound to pay, or cause to be paid, all costs which may accrue in this action, either to the opposite party or to any of the officers of this court pursuant to the laws of this state.
..............................................................
Dated this ........ day of ........, 20...
R.S. p. 153, § 1. G.L. § 323. G.S. § 397. R.S. 08: § 1064. C.L. § 6580. CSA: C. 43, § 10. CRS 53: § 33-1-1. C.R.S. 1963: § 33-1-1. L. 2009: Entire section amended, (HB 09-1305), ch. 311, p. 1690, §1, effective September 1.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › COSTS (§§ 13-16-101 — 13-17.5-108) › Article 16 - COSTS - CIVIL ACTIONS (§§ 13-16-101 — 13-16-125) › Section 13-16-102 - Motion to require cost bond

If an action described in section
13-16-101(2)
is commenced by a nonresident of this state without filing an instrument in writing, or if at any time after the commencement of any suit by a resident of this state he or she shall become nonresident, and the court is satisfied that the nonresident plaintiff is unable to pay the costs of suit, the court may, on motion of the defendant or any officer of the court, order the nonresident plaintiff, on or before the day in such order named, to give an instrument in writing for the payment of costs in the suit. To ensure that access to the courts is not unreasonably denied, a court shall not require an instrument in writing for the payment of costs of suit in excess of five thousand dollars. If the nonresident plaintiff neglects or refuses, on or before the day in such rule named, to file such instrument, the court, on motion, shall dismiss the suit.
R.S. p. 154, § 2. G.L. § 324. G.S. § 398. L. 1885: p. 156, § 1. R.S. 08: § 1065. C.L. § 6581. CSA: C. 43, § 11. CRS 53: § 33-1-2. C.R.S. 1963: § 33-1-2. L. 2009: Entire section amended, (HB 09-1305), ch. 311, p. 1691, §2, effective September 1.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › COSTS (§§ 13-16-101 — 13-17.5-108) › Article 16 - COSTS - CIVIL ACTIONS (§§ 13-16-101 — 13-16-125) › Section 13-16-103 - Costs of poor person

(1)
If the judge or justice of any court, including the supreme court, is at any time satisfied that any person is unable to prosecute or defend any civil action or special proceeding because he is a poor person and unable to pay the costs and expenses thereof, the judge or justice, in his discretion, may permit such person to commence and prosecute or defend an action or proceeding without the payment of costs; but, in the event such person prosecutes or defends an action or proceeding successfully, there shall be a judgment entered in his favor for the amount of court costs which he would have incurred except for the provision of this section, and this judgment shall be first satisfied out of any money paid into court, and such costs shall be paid to the court before any such judgment is satisfied of record.
(2)
In determining whether a plaintiff in an action brought pursuant to article
4
of title
14
, C.R.S., may be permitted to proceed without the payment of costs, the court shall take into account only those assets to which the plaintiff has direct access. The court shall not consider assets which the plaintiff is unable to directly access even though the plaintiff may have an ownership interest in those assets.
R.S. p. 154, § 3. G.L. § 325. G.S. § 399. R.S. 08: § 1076. C.L. § 6592. CSA: C. 43, § 22. L. 47: p. 458, § 5. CRS 53: § 33-1-3. C.R.S. 1963: § 33-1-3. L. 64: p. 220, § 44. L. 79: Entire section amended, p. 600, § 21, effective July 1. L. 91: Entire section amended, p. 239, § 3, effective July 1.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › COSTS (§§ 13-16-101 — 13-17.5-108) › Article 16 - COSTS - CIVIL ACTIONS (§§ 13-16-101 — 13-16-125) › Section 13-16-104 - When plaintiff recovers costs

If any person sues in any court of this state in any action, real, personal, or mixed, or upon any statute for any offense or wrong immediately personal to the plaintiff and recovers any debt or damages in such action, then the plaintiff or demandant shall have judgment to recover against the defendant his costs to be taxed; and the same shall be recovered, together with the debt or damages, by execution, except in the cases mentioned in this article.
R.S. p. 154, § 4. G.L. § 326. G.S. § 400. R.S. 08: § 1055. C.L. § 6571. CSA: C. 43, § 1. CRS 53: § 33-1-4. C.R.S. 1963: § 33-1-4.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › COSTS (§§ 13-16-101 — 13-17.5-108) › Article 16 - COSTS - CIVIL ACTIONS (§§ 13-16-101 — 13-16-125) › Section 13-16-105 - When defendant recovers costs

If any person sues in any court of record in this state in any action wherein the plaintiff or demandant might have costs in case judgment is given for him and he is nonprossed, suffers a discontinuance, is nonsuited after appearance of the defendant, or a verdict is passed against him, then the defendant shall have judgment to recover his costs against the plaintiff, except against executors or administrators prosecuting in the right of their testator or intestate, or demandant, to be taxed; and the same shall be recovered of the plaintiff or demandant, by like process as the plaintiff or demandant might have had against the defendant, in case judgment has been given for the plaintiff or demandant.
R.S. p. 154, § 5. G.L. § 327. G.S. § 401. R.S. 08: § 1058. C.L. § 6574. CSA: C. 43, § 4. CRS 53: § 33-1-5. C.R.S. 1963: § 33-1-5.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › COSTS (§§ 13-16-101 — 13-17.5-108) › Article 16 - COSTS - CIVIL ACTIONS (§§ 13-16-101 — 13-16-125) › Section 13-16-106 - Costs in replevin

Any person making justification or cognizance in replevin, if the same is found for him, or the plaintiff is nonsuited or nonprossed, suffers discontinuance, or is otherwise barred, then such person shall recover his damages and costs against the plaintiff.
R.S. p. 155, § 6. G.L. § 328. G.S. § 402. R.S. 08: § 1066. C.L. § 6582. CSA: C. 43, § 12. CRS 53: § 33-1-6. C.R.S. 1963: § 33-1-6.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › COSTS (§§ 13-16-101 — 13-17.5-108) › Article 16 - COSTS - CIVIL ACTIONS (§§ 13-16-101 — 13-16-125) › Section 13-16-107 - Costs on motion to dismiss

If, in any action, judgment upon motion to dismiss by either party to the action is given against the plaintiff, the defendant shall recover costs against the plaintiff; if such judgment is given for the plaintiff, he shall recover costs against the defendant.
R.S. p. 155, § 7. G.L. § 329. G.S. § 403. R.S. 08: § 1056. C.L. § 6572. CSA: C. 43, § 2. CRS 53: § 33-1-7. C.R.S. 1963: § 33-1-7.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › COSTS (§§ 13-16-101 — 13-17.5-108) › Article 16 - COSTS - CIVIL ACTIONS (§§ 13-16-101 — 13-16-125) › Section 13-16-108 - When several matters pleaded

When any defendant in any action, or plaintiff in replevin, pleads several matters, and any of such matters upon demurrer joined are adjudged insufficient, or if a verdict is found in any issue of the cause for the plaintiff, costs shall be given at the discretion of the court.
R.S. p. 155, § 8. G.L. § 330. G.S. § 404. R.S. 08: § 1067. C.L. § 6583. CSA: C. 43, § 13. CRS 53: § 33-1-8. C.R.S. 1963: § 33-1-8.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › COSTS (§§ 13-16-101 — 13-17.5-108) › Article 16 - COSTS - CIVIL ACTIONS (§§ 13-16-101 — 13-16-125) › Section 13-16-109 - Costs on several counts

Where there are several counts in any declaration, and any of them are adjudged insufficient, or a verdict on any issue joined thereon is found for the defendant, costs shall be awarded in the discretion of the court.
R.S. p. 155, § 9. G.L. § 331. G.S. § 405. R.S. 08: § 1063. C.L. § 6579. CSA: C. 43, § 9. CRS 53: § 33-1-9. C.R.S. 1963: § 33-1-9.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › COSTS (§§ 13-16-101 — 13-17.5-108) › Article 16 - COSTS - CIVIL ACTIONS (§§ 13-16-101 — 13-16-125) › Section 13-16-110 - When several defendants

Where several persons are made defendants to any action of trespass, assault, false imprisonment, detinue, replevin, trover, or ejectment, and any one or more of them are upon trial acquitted by verdict, every person so acquitted shall recover his costs of suit in like manner as if such verdict or acquittal had been given in favor of the defendant.
R.S. p. 155, § 10. G.L. § 332. G.S. § 406. R.S. 08: § 1068. C.L. § 6584. CSA: C. 43, § 14. CRS 53: § 33-1-10. C.R.S. 1963: § 33-1-10.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › COSTS (§§ 13-16-101 — 13-17.5-108) › Article 16 - COSTS - CIVIL ACTIONS (§§ 13-16-101 — 13-16-125) › Section 13-16-111 - Recovery of costs of suit

A plaintiff who obtains judgment or an award of execution in an action brought under subsection (4) or (5) of rule 106 (a), C.R.C.P., shall recover his costs of suit. The defendant shall recover his costs if the action brought under subsection (4) or (5) of rule 106 (a), C.R.C.P., is dismissed pursuant to rule 41, C.R.C.P.
R.S. p. 155, § 11. G.L. § 333. G.S. § 407. R.S. 08: § 1069. C.L. § 6585. CSA: C. 43, § 15. CRS 53: § 33-1-11. C.R.S. 1963: § 33-1-11.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › COSTS (§§ 13-16-101 — 13-17.5-108) › Article 16 - COSTS - CIVIL ACTIONS (§§ 13-16-101 — 13-16-125) › Section 13-16-112 - Number of witness fees taxed

In no case in the district court shall the fees of more than four witnesses be taxed against the party against whom judgment is given for costs, unless the court certifies on its minutes that more than four witnesses were really necessary, in which case the clerk shall tax the costs of as many witnesses as the court so certifies.
R.S. p. 155, § 12. G.L. § 334. G.S. § 408. R.S. 08: § 1062. C.L. § 6578. CSA: C. 43, § 8. CRS 53: § 33-1-12. C.R.S. 1963: § 33-1-12.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › COSTS (§§ 13-16-101 — 13-17.5-108) › Article 16 - COSTS - CIVIL ACTIONS (§§ 13-16-101 — 13-16-125) › Section 13-16-113 - Costs upon dismissal or summary judgment

(1)
In all cases where any action is dismissed for irregularity, or is nonprossed or nonsuited by reason that the plaintiff neglects to prosecute the same, the defendant shall have judgment for his costs.
(2)
In all actions brought as a result of a death or an injury to person or property occasioned by the tort of any other person, where any such action is dismissed prior to trial under rule 12 (b) of the Colorado rules of civil procedure, the defendant shall have judgment for his costs. This subsection (2) shall not apply if a motion under rule 12 (b)(5) of the Colorado rules of civil procedure is treated as a motion for summary judgment and disposed of as provided in rule 56 of the Colorado rules of civil procedure.
R.S. p. 155, § 13. G.L. § 335. G.S. § 409. R.S. 08: § 1059. C.L. § 6575. CSA: C. 43, § 5. CRS 53: § 33-1-13. C.R.S. 1963: § 33-1-13. L. 87: Entire section amended, p. 547, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › COSTS (§§ 13-16-101 — 13-17.5-108) › Article 16 - COSTS - CIVIL ACTIONS (§§ 13-16-101 — 13-16-125) › Section 13-16-114 - Costs in equity

Upon the complainant dismissing his bill in equity or the defendant dismissing the same for want of prosecution, the defendant shall recover against the complainant full costs; and, in all other cases in equity not otherwise directed by law, it is in the discretion of the court to award costs or not.
R.S. p. 155, § 14. G.L. § 336. G.S. § 410. R.S. 08: § 1060. C.L. § 6576. CSA: C. 43, § 6. CRS 53: § 33-1-14. C.R.S. 1963: § 33-1-14.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › COSTS (§§ 13-16-101 — 13-17.5-108) › Article 16 - COSTS - CIVIL ACTIONS (§§ 13-16-101 — 13-16-125) › Section 13-16-115 - In suit for use of another

When any suit is commenced in the name of one person to the use of another, the person to whose use the action is brought shall be held liable and bound for the payment of all costs which the plaintiff may be adjudged or bound to pay, to be recovered by civil action.
R.S. p. 156, § 15. G.L. § 337. G.S. § 411. R.S. 08: § 1057. C.L. § 6573. CSA: C. 43, § 3. CRS 53: § 33-1-15. C.R.S. 1963: § 33-1-15.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › COSTS (§§ 13-16-101 — 13-17.5-108) › Article 16 - COSTS - CIVIL ACTIONS (§§ 13-16-101 — 13-16-125) › Section 13-16-116 - Costs in adverse suit

In all cases where any person makes an application for a patent to any lode, claim, placer claim, millsite, or other mining property under the mining laws of the United States, and any other person claiming adversely to such applicant files an adverse claim in the proper land office or brings a suit for the purpose of determining the title, or right of possession, to such mining property, or any part thereof, if such adverse claimant, being plaintiff in such suit, prevails, so as to recover costs therein, he shall also recover and be entitled to tax as a part of his said costs all disbursements and expense necessarily incurred and paid by him for plats, abstracts, and copies of papers filed in said land office with his adverse claim, and also a reasonable counsel fee, not exceeding fifty dollars in any case, for the expense of preparing his said adverse claim.
L. 1876: p. 54, § 1. G.L. § 349. G.S. § 423. R.S. 08: § 1061. C.L. § 6577. CSA: C. 43, § 7. CRS 53: § 33-1-16. C.R.S. 1963: § 33-1-16.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › COSTS (§§ 13-16-101 — 13-17.5-108) › Article 16 - COSTS - CIVIL ACTIONS (§§ 13-16-101 — 13-16-125) › Section 13-16-117 - On appeal from decisions in probate

In all cases of appeal from the decision of a court of probate, the assessment of costs shall be in the discretion of the court in which such appeal is heard.
R.S. p. 156, § 17. G.L. § 339. G.S. § 413. R.S. 08: § 1070. C.L. § 6586. CSA: C. 43, § 16. CRS 53: § 33-1-17. C.R.S. 1963: § 33-1-17.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › COSTS (§§ 13-16-101 — 13-17.5-108) › Article 16 - COSTS - CIVIL ACTIONS (§§ 13-16-101 — 13-16-125) › Section 13-16-118 - Clerk to tax costs

The clerk of any court in the state is authorized and required to tax and subscribe all bills of costs arising in any cause or proceeding in the court of which he is clerk, agreeable to the rates which are allowed or specified by law.
R.S. p. 156, § 19. G.L. § 341. G.S. § 415. R.S. 08: § 1073. C.L. § 6589. CSA: C. 43, § 19. CRS 53: § 33-1-18. C.R.S. 1963: § 33-1-18.
For the fees of the clerk of court, see article 32 of this title.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › COSTS (§§ 13-16-101 — 13-17.5-108) › Article 16 - COSTS - CIVIL ACTIONS (§§ 13-16-101 — 13-16-125) › Section 13-16-119 - Costs retaxed - forfeit by clerk

If any person feels aggrieved by the taxation of any bill of costs, he may apply to the court to have the same retaxed, and, if it appears that the party aggrieved has paid any higher charge than by law is allowed, the court may order that the clerk forfeit all fees allowed to him for taxation and pay to the party aggrieved the whole amount which he has paid by reason of the allowing of any unlawful charge.
R.S. p. 156, § 20. G.L. § 342. G.S. § 416. R.S. 08: § 1074. C.L. § 6590. CSA: C. 43, § 20. CRS 53: § 33-1-19. C.R.S. 1963: § 33-1-19.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › COSTS (§§ 13-16-101 — 13-17.5-108) › Article 16 - COSTS - CIVIL ACTIONS (§§ 13-16-101 — 13-16-125) › Section 13-16-120 - Fee bill - precept - levy and return

The clerk shall make out a bill of costs as the same have been taxed in any cause against the party liable to pay the same and his security for costs, if any, together with his precept, directed to the sheriff of the proper county, commanding that, if the costs in the said bill of costs mentioned are not paid within thirty days after demand made therefor, he shall cause the same to be levied on the goods and chattels, lands and tenements, of the party so liable therefor, and his security, if any, named therein. Every such fee bill shall run in the name of the people, shall be under the seal of the court, and shall be returnable within ninety days from the date thereof, and the sheriff shall proceed to collect the same.
R.S. p. 156, § 21. G.L. § 343. G.S. § 417. R.S. 08: § 1075. C.L. § 6591. CSA: C. 43, § 21. CRS 53: § 33-1-20. C.R.S. 1963: § 33-1-20.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › COSTS (§§ 13-16-101 — 13-17.5-108) › Article 16 - COSTS - CIVIL ACTIONS (§§ 13-16-101 — 13-16-125) › Section 13-16-121 - [Repealed]

L. 77: Entire section added, p. 796, § 1, effective July 1. L. 84: Entire section repealed, p. 462, § 6, effective July 1.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › COSTS (§§ 13-16-101 — 13-17.5-108) › Article 16 - COSTS - CIVIL ACTIONS (§§ 13-16-101 — 13-16-125) › Section 13-16-122 - Items includable as costs

(1)
Whenever any court of this state assesses costs pursuant to any provision of this article, such costs may include:
(a)
Any docket fee required by article
32
of this title or any other fee or tax required by statute to be paid to the clerk of the court;
(b)
The jury fees and expenses provided for in article
71
of this title;
(c)
Any fees required to be paid to sheriffs pursuant to section
30-1-104
, C.R.S.;
(d)
Any fees of the court reporter for all or any part of a transcript necessarily obtained for use in this case;
(e)
The witness fees, including subsistence payments, mileage at the rate authorized by section
13-33-103
, and charges for expert witnesses approved pursuant to section
13-33-102(4)
;
(f)
Any fees for exemplification and copies of papers necessarily obtained for use in the case;
(g)
Any costs of taking depositions for the perpetuation of testimony, including reporters' fees, witness fees, expert witness fees, mileage for witnesses, and sheriff fees for service of subpoenas;
(h)
Any attorney fees, when authorized by statute or court rule;
(i)
Any fees for service of process or fees for any required publications;
(j)
Any item specifically authorized by statute to be included as part of the costs.
L. 81: Entire section added, p. 947, § 2, effective July 1. L. 2001: (1)(b) amended, p. 1270, § 18, effective June 5.
For items includable as costs in criminal actions, see § 18-1.3-701.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › COSTS (§§ 13-16-101 — 13-17.5-108) › Article 16 - COSTS - CIVIL ACTIONS (§§ 13-16-101 — 13-16-125) › Section 13-16-123 - Award of fees and costs to garnishee

In any action before the court in which a garnishee incurs attorney fees in excess of the cost of preparing and filing his answer, the court may order that the costs of the proceeding, mileage fees as a witness, and reasonable attorney fees be paid to the garnishee when the court finds that the bringing, maintaining, or defense of the action involving the garnishee was frivolous, groundless, or without reasonable basis. The award of costs and fees may be allocated among the parties as the court deems just.
L. 83: Entire section added, p. 616, § 1, effective May 20.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › COSTS (§§ 13-16-101 — 13-17.5-108) › Article 16 - COSTS - CIVIL ACTIONS (§§ 13-16-101 — 13-16-125) › Section 13-16-124 - Sheriff's fees charged to judicial department

Except as provided for by section
13-16-103
, in any civil action in which civil process is delivered to a county or city and county sheriff by the judicial department for service of process, the court in which the civil action is pending shall assess as costs against the party or parties requesting such service to be paid to the court the fees charged by the sheriff pursuant to section
30-1-104(1)
, C.R.S. No civil action may be dismissed until such costs have been paid to the court.
L. 96: Entire section added, p. 751, § 2, effective July 1.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › COSTS (§§ 13-16-101 — 13-17.5-108) › Article 16 - COSTS - CIVIL ACTIONS (§§ 13-16-101 — 13-16-125) › Section 13-16-125 - Limit on supersedeas bond

(1)
In any civil action brought under any legal theory, the amount of a supersedeas bond necessary to stay execution of a judgment granting legal, equitable, or any other relief during the entire course of all appeals or discretionary reviews of the judgment by all appellate courts shall be set in accordance with applicable law; except that the total amount of the supersedeas bonds that are required collectively of all appellants during the appeal of a civil action may not exceed twenty-five million dollars in the aggregate, regardless of the amount of the judgment that is appealed.
(2)
Notwithstanding the provisions of subsection (1) of this section, if an appellee proves by a preponderance of the evidence that an appellant who has posted a supersedeas bond is intentionally dissipating or diverting assets outside the ordinary course of its business for the purpose of avoiding payment of the judgment, a court may enter orders that are necessary to protect the appellee or that require the appellant to post a supersedeas bond in an amount up to and including the total amount of the judgment that is appealed.
L. 2003: Entire section added, p. 1871, § 1, effective May 20.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › COSTS (§§ 13-16-101 — 13-17.5-108) › Article 17 - ATTORNEY FEES (§§ 13-17-101 — 13-17-304) › Part 1 - FRIVOLOUS, GROUNDLESS, OR VEXATIOUS ACTIONS (§§ 13-17-101 — 13-17-106) › Section 13-17-101 - [Effective until 8/7/2024] Legislative declaration

The general assembly recognizes that courts of record of this state have become increasingly burdened with litigation which is straining the judicial system and interfering with the effective administration of civil justice. In response to this problem, the general assembly hereby sets forth provisions for the recovery of attorney fees in courts of record when the bringing or defense of an action, or part thereof (including any claim for exemplary damages), is determined to have been substantially frivolous, substantially groundless, or substantially vexatious. All courts shall liberally construe the provisions of this article to effectuate substantial justice and comply with the intent set forth in this section.
L. 77: Entire article added, p. 796, § 2, effective July 1. L. 84: Entire section R&RE, p. 460, § 1, effective July 1.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › COSTS (§§ 13-16-101 — 13-17.5-108) › Article 17 - ATTORNEY FEES (§§ 13-17-101 — 13-17-304) › Part 1 - FRIVOLOUS, GROUNDLESS, OR VEXATIOUS ACTIONS (§§ 13-17-101 — 13-17-106) › Section 13-17-101 - [Effective 8/7/2024] Legislative declaration

The general assembly recognizes that courts of record of this state have become increasingly burdened with litigation which is straining the judicial system and interfering with the effective administration of civil justice. In response to this problem, the general assembly hereby sets forth provisions for the recovery of attorney fees or licensed legal paraprofessional fees in courts of record when the bringing or defense of an action, or part thereof (including any claim for exemplary damages), is determined to have been substantially frivolous, substantially groundless, or substantially vexatious. All courts shall liberally construe the provisions of this article 17 to effectuate substantial justice and comply with the intent set forth in this section.
Amended by 2024 Ch. 131,§ 4, eff. 8/7/2024.
L. 77: Entire article added, p. 796, § 2, effective July 1. L. 84: Entire section R&RE, p. 460, § 1, effective July 1.
2024 Ch. 131, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › COSTS (§§ 13-16-101 — 13-17.5-108) › Article 17 - ATTORNEY FEES (§§ 13-17-101 — 13-17-304) › Part 1 - FRIVOLOUS, GROUNDLESS, OR VEXATIOUS ACTIONS (§§ 13-17-101 — 13-17-106) › Section 13-17-103 - [Effective until 8/7/2024] Procedure for determining reasonable fee - judicial discretion

(1)
In determining the amount of an attorney fee award, the court shall exercise its sound discretion. When granting an award of attorney fees, the court shall specifically set forth the reasons for said award and shall consider the following factors, among others, in determining whether to assess attorney fees and the amount of attorney fees to be assessed against any offending attorney or party:
(a)
The extent of any effort made to determine the validity of any action or claim before said action or claim was asserted;
(b)
The extent of any effort made after the commencement of an action to reduce the number of claims or defenses being asserted or to dismiss claims or defenses found not to be valid within an action;
(c)
The availability of facts to assist a party in determining the validity of a claim or defense;
(d)
The relative financial positions of the parties involved;
(e)
Whether or not the action was prosecuted or defended, in whole or in part, in bad faith;
(f)
Whether or not issues of fact determinative of the validity of a party's claim or defense were reasonably in conflict;
(g)
The extent to which the party prevailed with respect to the amount of and number of claims in controversy;
(h)
The amount and conditions of any offer of judgment or settlement as related to the amount and conditions of the ultimate relief granted by the court.
L. 77: Entire article added, p. 797, § 2, effective July 1. L. 84: Entire section R&RE, p. 461, § 3, effective July 1.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › COSTS (§§ 13-16-101 — 13-17.5-108) › Article 17 - ATTORNEY FEES (§§ 13-17-101 — 13-17-304) › Part 1 - FRIVOLOUS, GROUNDLESS, OR VEXATIOUS ACTIONS (§§ 13-17-101 — 13-17-106) › Section 13-17-103 - [Effective 8/7/2024] Procedure for determining reasonable fee - judicial discretion

(1)
In determining the amount of an attorney fee or licensed legal paraprofessional fee award, the court shall exercise sound discretion. When granting an award of attorney fees or licensed legal paraprofessional fees, the court shall specifically set forth the reasons for the award and must consider the following factors, among others, in determining whether to assess attorney fees or licensed legal paraprofessional fees and the amount of fees to be assessed against any offending attorney, licensed legal paraprofessional, or party:
(a)
The extent of any effort made to determine the validity of any action or claim before said action or claim was asserted;
(b)
The extent of any effort made after the commencement of an action to reduce the number of claims or defenses being asserted or to dismiss claims or defenses found not to be valid within an action;
(c)
The availability of facts to assist a party in determining the validity of a claim or defense;
(d)
The relative financial positions of the parties involved;
(e)
Whether or not the action was prosecuted or defended, in whole or in part, in bad faith;
(f)
Whether or not issues of fact determinative of the validity of a party's claim or defense were reasonably in conflict;
(g)
The extent to which the party prevailed with respect to the amount of and number of claims in controversy;
(h)
The amount and conditions of any offer of judgment or settlement as related to the amount and conditions of the ultimate relief granted by the court.
Amended by 2024 Ch. 131,§ 6, eff. 8/7/2024.
L. 77: Entire article added, p. 797, § 2, effective July 1. L. 84: Entire section R&RE, p. 461, § 3, effective July 1.
2024 Ch. 131, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › COSTS (§§ 13-16-101 — 13-17.5-108) › Article 17 - ATTORNEY FEES (§§ 13-17-101 — 13-17-304) › Part 1 - FRIVOLOUS, GROUNDLESS, OR VEXATIOUS ACTIONS (§§ 13-17-101 — 13-17-106) › Section 13-17-104 - [Effective until 8/7/2024] Fee arrangements between attorney and client

The attorney and his client shall remain free to negotiate in private the actual fee which the client is to pay his attorney.
L. 77: Entire article added, p. 798, § 2, effective July 1.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › COSTS (§§ 13-16-101 — 13-17.5-108) › Article 17 - ATTORNEY FEES (§§ 13-17-101 — 13-17-304) › Part 1 - FRIVOLOUS, GROUNDLESS, OR VEXATIOUS ACTIONS (§§ 13-17-101 — 13-17-106) › Section 13-17-104 - [Effective 8/7/2024] Fee arrangements between attorney or licensed legal paraprofessional and client

The attorney or licensed legal paraprofessional and the client are free to negotiate in private the actual fee that the client is to pay the client's attorney or licensed legal paraprofessional.
Amended by 2024 Ch. 131,§ 7, eff. 8/7/2024.
L. 77: Entire article added, p. 798, § 2, effective July 1.
2024 Ch. 131, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › COSTS (§§ 13-16-101 — 13-17.5-108) › Article 17 - ATTORNEY FEES (§§ 13-17-101 — 13-17-304) › Part 1 - FRIVOLOUS, GROUNDLESS, OR VEXATIOUS ACTIONS (§§ 13-17-101 — 13-17-106) › Section 13-17-105 - [Effective until 8/7/2024] Stipulation as to fees

With the approval of the court, two or more parties to an action may agree, by written stipulation filed with the court or by oral stipulation in open court, to no award of attorney fees or an award of attorney fees in a manner different from that provided in this article.
L. 77: Entire article added, p. 798, § 2, effective July 1. L. 84: Entire section R&RE, p. 462, § 4, effective July 1.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › COSTS (§§ 13-16-101 — 13-17.5-108) › Article 17 - ATTORNEY FEES (§§ 13-17-101 — 13-17-304) › Part 1 - FRIVOLOUS, GROUNDLESS, OR VEXATIOUS ACTIONS (§§ 13-17-101 — 13-17-106) › Section 13-17-105 - [Effective 8/7/2024] Stipulation as to fees

With the approval of the court, two or more parties to an action may agree, by written stipulation filed with the court or by oral stipulation in open court, to no award of attorney fees or licensed legal paraprofessional fees or an award of attorney fees or licensed legal paraprofessional fees in a manner different from that provided in this article 17.
Amended by 2024 Ch. 131,§ 8, eff. 8/7/2024.
L. 77: Entire article added, p. 798, § 2, effective July 1. L. 84: Entire section R&RE, p. 462, § 4, effective July 1.
2024 Ch. 131, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › COSTS (§§ 13-16-101 — 13-17.5-108) › Article 17 - ATTORNEY FEES (§§ 13-17-101 — 13-17-304) › Part 1 - FRIVOLOUS, GROUNDLESS, OR VEXATIOUS ACTIONS (§§ 13-17-101 — 13-17-106) › Section 13-17-106 - [Effective until 8/7/2024] Applicability

This article shall apply in all cases covered by this article unless attorney fees are otherwise specifically provided by statute, in which case the provision allowing the greater award shall prevail.
L. 77: Entire article added, p. 798, § 2, effective July 1. L. 84: Entire section amended, p. 462, § 5, effective July 1.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › COSTS (§§ 13-16-101 — 13-17.5-108) › Article 17 - ATTORNEY FEES (§§ 13-17-101 — 13-17-304) › Part 1 - FRIVOLOUS, GROUNDLESS, OR VEXATIOUS ACTIONS (§§ 13-17-101 — 13-17-106) › Section 13-17-106 - [Effective 8/7/2024] Applicability

This article 17 applies in all cases covered by this article 17 unless attorney fees or licensed legal paraprofessional fees are otherwise specifically provided by statute, in which case the provision allowing the greater award prevails.
Amended by 2024 Ch. 131,§ 9, eff. 8/7/2024.
L. 77: Entire article added, p. 798, § 2, effective July 1. L. 84: Entire section amended, p. 462, § 5, effective July 1.
2024 Ch. 131, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › COSTS (§§ 13-16-101 — 13-17.5-108) › Article 17 - ATTORNEY FEES (§§ 13-17-101 — 13-17-304) › Part 2 - ATTORNEY FEES IN CIVIL ACTIONS IN GENERAL (§§ 13-17-201 — 13-17-203) › Section 13-17-201 - Award of reasonable attorney fees in certain cases

(1)
In all actions brought as a result of a death or an injury to person or property occasioned by the tort of any other persons, where any such action is dismissed on motion of the defendant prior to trial under rule 12 (b) of the Colorado rules of civil procedure, such defendant shall have judgment for his reasonable attorney fees in defending the action. This subsection (1) does not apply if a motion under rule 12 (b) of the Colorado rules of civil procedure is treated as a motion for summary judgment and disposed of as provided in rule 56 of the Colorado rules of civil procedure.
(2)
Subsection (1) of this section does not apply to any claim that is a good faith, non-frivolous claim filed for the express purpose of extending, limiting, modifying, or reversing existing precedent, law, or regulation; or for the express purpose of establishing the meaning, lawfulness, or constitutionality of a law, regulation, or United States or state constitutional right and the meaning, lawfulness, or constitutionality has not been determined by the Colorado supreme court, or for cases presenting questions under the United States constitution, to the Supreme Court of the United States. This subsection (2) applies so long as the party that brought the dismissed claim has pleaded, in its complaint, counterclaim, or cross claim, that the dismissed claim was made for one of the express purposes stated in this subsection (2) and identified the precedent, law, or regulation the party seeks to extend, limit, modify, or reverse, or whether the issue to be decided is a matter of first impression.
Amended by 2022 Ch. 445,§1, eff. 6/8/2022.
L. 87: Entire part added, p. 547, § 2, effective July 1.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › COSTS (§§ 13-16-101 — 13-17.5-108) › Article 17 - ATTORNEY FEES (§§ 13-17-101 — 13-17-304) › Part 2 - ATTORNEY FEES IN CIVIL ACTIONS IN GENERAL (§§ 13-17-201 — 13-17-203) › Section 13-17-203 - Limitation on attorney fees in class action litigation against public entities

If the plaintiffs prevail in any class action litigation brought against any public entity, as defined in section
24-10-103(5)
, C.R.S., the amount of attorney fees which the plaintiffs' attorney is entitled to receive out of any award to the plaintiffs shall be determined by the court; except that such amount shall not exceed two hundred fifty thousand dollars. Such limitation shall apply where the public entity pays the attorney fees directly to the plaintiffs' attorneys or where the public entity is required to pay the attorney fees indirectly through any program it administers by reducing the benefits or amounts due to the individual plaintiffs.
L. 92: Entire section added, p. 272, § 1, effective April 28.
For provisions relating to limitations on attorney fees in class action litigation against public entities under the "Colorado Governmental Immunity Act", see § 24-10-114.5.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › COSTS (§§ 13-16-101 — 13-17.5-108) › Article 17 - ATTORNEY FEES (§§ 13-17-101 — 13-17-304) › Part 3 - RETENTION OF ATTORNEYS BY GOVERNMENTAL ENTITIES - LIMITATION ON CONTINGENT FEE CONTRACTS (§§ 13-17-301 — 13-17-304) › Section 13-17-301 - Short title

This part 3 shall be known and may be cited as the "Government Attorney Ethics Act".
L. 2003: Entire part added, p. 924, § 1, effective August 6.