General Provisions

C.R.S. tit. 13, art. 1
in effect

C.R.S. § 13-1-101 Clerks shall keep record books

13-1-101. Clerks shall keep record books. The clerks of the courts of record in this state shall keep in their respective offices suitable books for indexing the records of their said offices, one to be known as the direct index and one as the inverse index.

C.R.S. § 13-1-102 Entries in records

13-1-102. Entries in records. In said indexes, the clerks shall properly enter the title of each cause or matter instituted in said courts and the case number references to the various orders, rulings, judgments, papers, and other proceedings of the court in such cause or matter. Any case number reference may be to a file jacket, page in a record book, microfilm record, or computer record.

C.R.S. § 13-1-103 Lost or destroyed records

13-1-103. Lost or destroyed records. When the record of any judgment, or decree, or other proceeding of any judicial court of this state, or any part of the record of any judicial proceeding has been lost or destroyed, any party or person interested therein, on application by complaint in writing under oath to such court and on showing to the satisfaction of such court that the same has been lost or destroyed without fault or negligence of the party or person making such application, may obtain an order from such court authorizing the defect to be supplied by a duly certified copy of the original record, where the same can be obtained, which certificate shall thereafter have the same effect as the original record would have had in all respects.

C.R.S. § 13-1-104 Application for new order or record

13-1-104. Application for new order or record. When the loss or destruction of any record or part thereof has happened, and such defects cannot be supplied as provided in section 13-1-103, any party or person interested therein may make a written application to the court to which such record belonged, verified by affidavit, showing the loss or destruction thereof, and that certified copies thereof cannot be obtained by the party or person making such application, and the substance of the record so lost or destroyed, and that the loss or destruction occurred without the fault or negligence of the party or person making such application, and that the loss or destruction of the record, unless supplied, will or may result in damage to the party or person making such application. The court shall cause said application to be entered of record in said court, and due notice of said application shall be given by personal service of summons or by publication as in other cases; except that, in cases in which publication is required, the court may direct by order, to be entered of record, the form of the notice, and designate the newspaper in which the same shall be published. If, upon such hearing, said court is satisfied that the statements contained in said application are true, the court shall make an order embracing the substance and effect of the lost or destroyed record, which order shall be entered of record in said court and have the same effect which the original record would have had if the same had not been lost or destroyed insofar as concerns the party or person making such application and the persons who had been notified, as provided for in this section. The record in all cases where the proceeding was in rem and no personal service was had may be supplied upon like notice, as nearly as may be, as in the original proceeding.

C.R.S. § 13-1-105 Procedure where probate records destroyed

13-1-105. Procedure where probate records destroyed. In case of the destruction by fire or otherwise of the records, or a part thereof, of any court having probate jurisdiction, the court may proceed, upon its own motion or upon the application in writing of any party in interest, to restore the records, papers, and proceedings of the court relating to the estate of deceased persons, including recorded wills and wills probated or filed for probate in said court. The power of restoration granted in this section shall also extend to the records, papers, proceedings, and documents of any previous court of probate which are or should be in the custody of a probate or district court. For the purpose of restoring said records, wills, papers, or proceedings, or any part thereof, the court may cause citations to be issued to all parties to be designated by it and may compel the attendance in court of any witness whose testimony may be necessary to establish any such record, or part thereof, and the production of any and all written and documentary evidence which it deems necessary in determining the true import and effect of the original record, will, paper, or other document belonging to the files of the court, and may make such orders and decrees establishing such original record, will, paper, document, or proceeding, or the substance thereof, as to it seems just and proper. The court may make all such rules and regulations governing the proceedings for the restoration of the record, will, paper, document, and proceeding pertaining to the court as in its judgment will best secure the rights and protect the interests of all parties concerned.

C.R.S. § 13-1-106 Certified copy of record in supreme court or court of appeals

13-1-106. Certified copy of record in supreme court or court of appeals. In all causes which have been removed to the supreme court of this state or to the court of appeals, a duly certified copy of the record of such cause remaining in the supreme court or the court of appeals may be filed in the court from which said cause was removed, on motion of any party or person claiming to be interested therein, and the copy so filed shall have the same effect as the original record would have had if the same had not been lost or destroyed.

C.R.S. § 13-1-107 Costs of replacement

13-1-107. Costs of replacement. The person making the application for the restoration of records shall pay all the costs thereof.

C.R.S. § 13-1-108 Judge may order adjournment

13-1-108. Judge may order adjournment. When in the opinion of the judge of any district or county court it is unnecessary or inadvisable to hold or convene any term of court fixed by statute, he may by an order in writing signed by him and filed with the clerk of such court adjourn the same sine die, or to a day certain, and the judges of said courts respectively have power to adjourn said courts, from time to time as may seem advisable, by written order signed and filed with the clerk of the court which may be so adjourned.

C.R.S. § 13-1-109 Court may appoint trustee

13-1-109. Court may appoint trustee. In all actions in any court of record of this state wherein any defendant is not found within the jurisdiction of the court and constructive service alone is had, and which is brought for the enforcement of an express, implied, or resulting trust, or for the removal of cloud from title to real estate, or for specific performance, or for the establishment of a lost or destroyed deed, conveyance, or instrument in writing, or for the establishment and proof of any conveyance, deed, or instrument in writing not properly proved and acknowledged, or in any other proceeding in rem, or affecting only specific property, where, according to the usual practice in courts of chancery, the court, if the defendant had been personally served, might direct or decree any act to be done or performed by the defendant in favor of plaintiff, the court may appoint a trustee for such defendant to do and perform in the place and stead of and for such defendant the acts required by the decree rendered in any such cause. Any act lawfully done by such trustee, under and in pursuance of any such decree, shall be as binding and effectual for all purposes as if done and performed by the defendant in pursuance of such decree.

C.R.S. § 13-1-110 Appeal bond defective or insufficient

13-1-110. Appeal bond defective or insufficient. If, at any time pending an appeal in any action, suit, or other proceeding, it appears to the appellate court that the appeal bond or undertaking is defective or insufficient or that any surety thereon has died, or has removed or is about to remove from this state, or has become or is likely to become insolvent, such appellate court shall order another appeal bond or undertaking, or such other and further security as to the appellate court seems proper, if the appellant or his attorney of record has been served with at least twenty-four hours' written notice of an application of the appellee for such order. If the appellant fails to comply with said order within ten days after the making of the same, the appeal shall be dismissed.

C.R.S. § 13-1-111 Courts of record

13-1-111. Courts of record. (1) Each of the following courts shall have a seal and shall be a court of record: (a) The supreme court; (b) The district courts; (c) The county courts; (d) The juvenile court in the city and county of Denver; (e) The probate court in the city and county of Denver; (f) Any court established by law and expressly denominated a court of record; (g) Repealed. (h) The court of appeals.

C.R.S. § 13-1-112 Clerk to keep seal

13-1-112. Clerk to keep seal. The clerk of each court of record shall keep the seal thereof.

C.R.S. § 13-1-113 Seal - how attached

13-1-113. Seal - how attached. (1) A seal of a court or public officer, when required on any writ, process, or proceeding or to authenticate a copy of any record or document, may be impressed with wax, wafer, or any other substance and then attached to the writ, process, or proceeding or to the copy of the record or document, or it may be impressed on the paper alone or electronically attached to or logically associated with an electronic record or document. When jury summonses, subpoenas, or subpoenas duces tecum are prepared by means of mechanical reproduction, the seal of the summoning court may be printed thereon instead of being impressed. (2) A seal may also consist of a rubber stamp with a facsimile affixed thereon of the seal required to be used and may be placed or stamped upon the document requiring the seal with indelible ink.

C.R.S. § 13-1-114 Powers of court

13-1-114. Powers of court. (1) Every court has power: (a) To preserve and enforce order in its immediate presence; (b) To enforce order in the proceedings before it or before a person empowered to conduct a judicial investigation under its authority; (c) To compel obedience to its lawful judgments, orders, and process and to the lawful orders of its judge out of court in action or proceeding pending therein; (d) To control, in furtherance of justice, the conduct of its ministerial officers; and (e) To preserve access to courthouses and court proceedings, prevent interruption of court proceedings, and enforce protection from civil arrest at a courthouse or on its environs pursuant to section 13-1-403. (2) Any judge of any court, when he reasonably believes that there is a risk of violence in the court, shall immediately advise the law enforcement agency designated to provide security for the court, and the law enforcement agency shall determine and provide appropriate security measures consistent with the degree of risk present. For the purpose of this subsection (2), a district or county judge shall have the assistance of the county sheriff, and a municipal judge shall have the assistance of the municipal police department. The court shall have discretion to assess all or part of the expense incurred in implementing such security measures as costs to be paid by the party or parties or other person or persons determined by the court to have necessitated such security measures. (3) Any county sheriff or municipal peace officer providing security for persons involved in judicial proceedings in courts pursuant to subsection (2) of this section shall be immune from civil liability for damages except for gross negligence or reckless, wanton, or intentional misconduct.

C.R.S. § 13-1-115 Courts may issue proper writs

13-1-115. Courts may issue proper writs. The courts have power to issue all writs necessary and proper to the complete exercise of the power conferred on them by the constitution and laws of this state. The district courts have authority in ne exeat proceedings according to the usual practice in such cases in courts of chancery.

C.R.S. § 13-1-116 Courts sit at county seat

13-1-116. Courts sit at county seat. Every court of record shall sit at the county seat of the county in which it is held, except as may be otherwise provided by law.

C.R.S. § 13-1-117 Juridical days

13-1-117. Juridical days. The courts of justice may be held and judicial business may be transacted on any day except as provided in section 13-1-118.

C.R.S. § 13-1-118 Judicial holidays

13-1-118. Judicial holidays. (1) No court shall be opened nor shall any judicial business be transacted on Sunday or any legal holiday except for the following purposes: (a) To give, upon their request, instruction to a jury then deliberating on their verdict; (b) To receive a verdict or discharge a jury; (c) For the exercise of the powers of a judge in a criminal action or in a proceeding of a criminal nature; (d) When it appears by the affidavit of the plaintiff, or someone in his behalf, in cases for the recovery of specific personal property, that the defendant is about to conceal, dispose of, or remove such property out of the jurisdiction of the court, an order for taking possession of the same may be issued and the writ or process executed on any day; (e) When an application for writ of attachment is made, if it shall appear by the affidavit of the plaintiff, or someone in his behalf, that the defendant is about to dispose of, conceal, or remove property subject to execution or attachment out of the jurisdiction of the court, a writ of attachment may be issued and executed on any day. (2) When the day fixed for the opening of a court falls on any of the days mentioned in this section, the court shall stand adjourned until the next succeeding day.

C.R.S. § 13-1-119 Judgment record and register of actions open for inspection

13-1-119. Judgment record and register of actions open for inspection. The judgment record and register of actions shall be open at all times during office hours for the inspection of the public without charge, and it is the duty of the clerk to arrange the several records kept by him in such manner as to facilitate their inspection. In addition to paper records, such information may also be presented on microfilm or computer terminal.

C.R.S. § 13-1-119.5 Electronic access to name index and register of actions

13-1-119.5. Electronic access to name index and register of actions. (1) Statewide electronic read-only access to the name index and register of actions of public case types must be made available to the following agencies or attorneys appointed by the court: (a) County departments, as defined in section 19-1-103, and attorneys who represent the county departments as county attorneys, as defined in section 19-1-103, as it relates to the attorneys' work representing the county; (b) The office of the state public defender, created in section 21-1-101, C.R.S.; (c) Guardians ad litem or counsel for youth under contract with the office of the child's representative, created in section 13-91-104, or authorized by the office of the child's representative to act as a guardian ad litem or counsel for youth, as it relates to a case in which they are appointed by the court; (d) Attorneys under contract with the office of the alternate defense counsel, created in section 21-2-101, C.R.S., as it relates to a case in which they are appointed by the court; (e) A respondent parent's counsel under contract with the office of the respondent parents' counsel, created in section 13-92-103, or authorized by the office of the respondent parents' counsel to act as a respondent parent's counsel, as it relates to a case in which they are appointed by the court; (f) Criminal justice agencies as described in section 24-72-302 (3); and (g) A licensed attorney working with a nonprofit association pursuant to the provisions of section 19-1-304 (7)(f). (2) The supreme court may adopt rules regarding access to the name index and register of actions, including rules identifying confidential information maintained in the system and state requirements for using the confidential information. All agencies with access pursuant to subsection (1) of this section shall ensure that individuals who use the system receive training on appropriate usage and confidentiality of register of action information. Additionally, the state court administrator may monitor the use of the system and information through audits and the review of ad hoc queries or reports.

C.R.S. § 13-1-120 Proceedings in English - abbreviations

13-1-120. Proceedings in English - abbreviations. Every written proceeding in a court of justice in this state, or before a judicial officer, shall be in the English language, but such abbreviations as are now commonly used in that language may be used, and numbers expressed by figures or numerals in the customary manner.

C.R.S. § 13-1-121 Action not affected by vacancy

13-1-121. Action not affected by vacancy. No action or proceeding in a court of justice in this state shall be affected by a vacancy in the office of any of the judges, or by failure of a term thereof.

C.R.S. § 13-1-122 When judge shall not act unless by consent

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

C.R.S. § 13-1-123 Transfer of civil actions

13-1-123. Transfer of civil actions. When in any civil action pending in any court of record, whether filed as a special statutory proceeding, or otherwise, if for any reason the proceedings could be more expeditiously continued in another county, with the express consent of all parties, the court may order the cause transferred to any other county wherein the court finds the proceedings could be more expeditiously continued. No additional docket fee shall be required. Upon such a transfer being ordered, the clerk shall transfer all files, books, and records of the cause, or, if that is not practicable, he shall make, at the expense of the parties, and send to the clerk of the court to which the cause is transferred a certified copy of all records in the cause which are necessary for the continuation of the proceedings in the court to which such cause is transferred, and the cause shall continue in the court to which it is transferred with the same effect and force as though such cause were originally docketed in such court.

C.R.S. § 13-1-123.5 Transfer of venue - actions involving related persons

13-1-123.5. Transfer of venue - actions involving related persons. In addition to the authority to change venue granted by sections 19-2.5-104 and 19-3-201 for good cause shown, a court, on its own motion, on the motion of another court in this state, or on the motion of a party or guardian ad litem, may order the transfer of a pending action brought pursuant to title 14 or title 19 or rule 365 of the Colorado rules of county court civil procedure to a court in another county when there is an action pending in the other county that names the parent, guardian, or legal custodian of a child who is the subject of the action brought pursuant to title 14 or title 19. The county to which the action is being transferred must be one in which venue is proper. Upon an order for such transfer, the transferring court shall notify all parties of the transfer and transmit all documents to the receiving court. The transferred action continues in the court to which it is transferred with the same force and effect as though originally docketed in the receiving court.

C.R.S. § 13-1-124 Jurisdiction of courts

13-1-124. Jurisdiction of courts. (1) Engaging in any act enumerated in this section by any person, whether or not a resident of the state of Colorado, either in person or by an agent, submits such person and, if a natural person, such person's personal representative to the jurisdiction of the courts of this state concerning any cause of action arising from: (a) The transaction of any business within this state; (b) The commission of a tortious act within this state; (c) The ownership, use, or possession of any real property situated in this state; (d) Contracting to insure any person, property, or risk residing or located within this state at the time of contracting; (e) The maintenance of a matrimonial domicile within this state with respect to all issues relating to obligations for support to children and spouse in any action for dissolution of marriage, legal separation, declaration of invalidity of marriage, or support of children if one of the parties of the marriage continues without interruption to be domiciled within the state; (f) The engaging of sexual intercourse in this state as to an action brought under article 4 or article 6 of title 19, C.R.S., with respect to a child who may have been conceived by that act of intercourse, as set forth in verified petition; or (g) The entering into of an agreement pursuant to part 2 or 5 of article 22 of this title.

C.R.S. § 13-1-125 Service of process

13-1-125. Service of process. (1) Service of process upon any person subject to the jurisdiction of the courts of Colorado may be made by personally serving the summons upon the defendant or respondent outside this state, in the manner prescribed by the Colorado rules of civil procedure, with the same force and effect as if the summons had been personally served within this state. (2) No service of any summons or other process upon any corporation shall be made outside the state in the manner provided in subsection (1) of this section when such corporation maintains an agent for process upon whom service may be made as provided in rule 4 of the Colorado rules of civil procedure. (3) Nothing in this section shall limit or affect the right to serve any process as prescribed by the Colorado rules of civil procedure.

C.R.S. § 13-1-126 Documents in court proceedings - designation by clerk of representative to attend court proceedings

13-1-126. Documents in court proceedings - designation by clerk of representative to attend court proceedings. Documents from the office of the clerk of any court of record to be used as evidence in court proceedings shall be acknowledged, exemplified, verified, or attested to in a manner which shall make unnecessary the personal appearance of such clerk in court proceedings to acknowledge, exemplify, verify, or attest to the validity of such documents. The clerk of any court of record may designate a representative to attend court proceedings if the clerk is subpoenaed for the purpose of acknowledging, exemplifying, verifying, or attesting to the validity of documents furnished by the clerk's office.

C.R.S. § 13-1-127 Entities - school districts - legislative declaration - representation - definitions

13-1-127. Entities - school districts - legislative declaration - representation - definitions. (1) As used in this section, unless the context otherwise requires: (a) "Closely held entity" means an entity, as defined in section 7-90-102 (20), C.R.S., with no more than three owners. (a.2) "Cooperative" shall have the same meaning as set forth in section 7-90-102 (9), C.R.S. (a.5) "Corporate licensed child placement agency" means an entity that places, or arranges for placement of, the care of any child with any family, person, or institution other than persons related to said child and that is licensed by the department of human services pursuant to section 26-6-905 as a child placement agency. (b) "Corporation" shall have the same meaning as set forth in section 7-90-102 (10), C.R.S. (c) "Entity" shall have the same meaning as set forth in section 7-90-102 (20), C.R.S. (d) "Limited liability company" shall have the same meaning as set forth in section 7-90-102 (32), C.R.S. (e) "Limited partnership" shall have the same meaning as set forth in section 7-90-102 (34), C.R.S. (f) "Limited partnership association" shall have the same meaning as set forth in section 7-90-102 (35), C.R.S. (g) "Nonprofit association" shall have the same meaning as set forth in section 7-90-102 (38), C.R.S. (h) "Nonprofit corporation" shall have the same meaning as set forth in section 7-90-102 (39), C.R.S. (i) "Officer" means a person generally or specifically authorized by an entity to take any action contemplated by this section. (j) "Owner" shall have the same meaning as set forth in section 7-90-102 (43), C.R.S. (k) "School district" means a school district organized and existing pursuant to law but does not include a local college district. (l) "Truancy proceedings" means judicial proceedings for the enforcement of the "School Attendance Law of 1963", article 33 of title 22, C.R.S., brought pursuant to section 22-33-108, C.R.S. (2) Except as otherwise provided in section 13-6-407, a closely held entity may be represented before any court of record or any administrative agency by an officer of such closely held entity if: (a) The amount at issue in the controversy or matter before the court or agency does not exceed fifteen thousand dollars, exclusive of costs, interest, or statutory penalties, on and after August 7, 2013; and (b) The officer provides the court or agency, at or prior to the trial or hearing, with evidence satisfactory to the court or agency of the authority of the officer to appear on behalf of the closely held entity in all matters within the jurisdictional limits set forth in this section. (2.3) For the purposes of this section, each of the following persons shall be presumed to have the authority to appear on behalf of the closely held entity upon providing evidence of the person's holding the specified office or status: (a) An officer of a cooperative, corporation, or nonprofit corporation; (b) A general partner of a partnership or of a limited partnership; (c) A person in whom the management of a limited liability company is vested or reserved; and ll be presumed to have the authority to appear on behalf of the closely held entity upon providing evidence of the person's holding the specified office or status: (a) An officer of a cooperative, corporation, or nonprofit corporation; (b) A general partner of a partnership or of a limited partnership; (c) A person in whom the management of a limited liability company is vested or reserved; and (d) A member of a limited partnership association. (2.5) (a) The general assembly hereby finds and determines that the practice of law should not include the representation of a corporation in workers' compensation proceedings by an authorized employee of such corporation. While the general assembly respectfully recognizes the jurisdiction of the supreme court with respect to the regulation of the practice of law, it hereby finds and declares that the representation of a corporation in workers' compensation cases by an authorized employee of that corporation does not constitute the unauthorized practice of law. The general assembly has determined that the decision of a president or secretary of a corporation to have a corporate employee represent the corporation in a workers' compensation case is a business decision made voluntarily and knowingly by persons who are qualified and accustomed to making business decisions. The general assembly has further determined that allowing such representation will not hamper the orderly and proper disposition of workers' compensation cases and may expedite and facilitate such disposition. An employee of a defendant corporation with experience in the operations of such corporation and knowledge of the necessary facts and law can afford a defendant corporation with representation which is the substantial equivalent to, and may in some cases, be more effective than, a licensed attorney. The general assembly hereby declares that the protections afforded by the restrictions set forth by the supreme court with respect to the unauthorized practice of law are unnecessary for the described form of representation because the general public is not likely to be harmed by such representation. Further, the general assembly respectfully recommends that the supreme court adopt rules which permit and regulate such representation in which event the general assembly may choose to repeal this statute in deference to the supreme court's rules. (b) Notwithstanding the provisions of paragraph (a) of subsection (2) of this section concerning the amount at issue, any corporation which is in compliance with the requirements otherwise imposed on corporations by law may be represented by any employee of the corporation who is so authorized by the president or secretary of such corporation, in proceedings authorized under the "Workers' Compensation Act of Colorado", articles 40 to 47 of title 8, C.R.S., exclusive of proceedings before the industrial claim appeals office under part 3 of article 43 of title 8, C.R.S., appeals to the court of appeals under section 8-43-307, C.R.S., and summary reviews by the supreme court under section 8-43-313, C.R.S. (3) The court may rely upon a written resolution of a closely held entity that allows a named officer to appear in the closely held entity's behalf. (4) A closely held entity's exercise of the option authorized by this section to be represented by an officer shall not alone be construed to establish personal liability of the representing officer or any other officer, director, owner, or shareholder for action taken by that closely held entity. of a closely held entity that allows a named officer to appear in the closely held entity's behalf. (4) A closely held entity's exercise of the option authorized by this section to be represented by an officer shall not alone be construed to establish personal liability of the representing officer or any other officer, director, owner, or shareholder for action taken by that closely held entity. (5) A corporate licensed child placement agency, as defined in paragraph (a.5) of subsection (1) of this section, that is in compliance with the requirements otherwise imposed on closely held entities by law, may be represented by any named officer or designated agent of the agency in any proceeding involving the termination of the parent-child relationship pursuant to the "Colorado Children's Code", title 19, C.R.S., or in any proceeding involving a petition for adoption pursuant to section 19-5-208, C.R.S. (6) Nothing in this section shall be interpreted to restrict the classes of persons who, or circumstances in which persons, may be represented by other persons, or may appear in person, before Colorado courts or administrative agencies. (7) (a) A school district board of education may authorize, by resolution, one or more employees of the school district to represent the school district in truancy proceedings in any court of competent jurisdiction; except that the authorization of the board of education shall not extend to representation of the school district before a court of appeals or before the Colorado supreme court. (b) A court may rely on the written resolution of the school district board of education that authorizes the named employee to represent the school district in truancy proceedings. (c) An authorized employee who represents a school district in truancy proceedings pursuant to the provisions of this subsection (7) shall not be subject to the provisions of section 13-93-108. (d) A school district board of education's exercise of the option authorized by this section to be represented in truancy proceedings by an employee shall not alone be construed to establish personal liability of the representing employee or any other employee or a school director of the school district for action taken by the school district.

C.R.S. § 13-1-128 Confidentiality of decisions of courts of record - violations - penalties - repeal

13-1-128. Confidentiality of decisions of courts of record - violations - penalties - repeal. (Repealed)

C.R.S. § 13-1-129 Preferential trial dates

13-1-129. Preferential trial dates. (1) In any civil action filed in any court of record in this state, the court shall grant a motion for a preferential trial date which is accompanied by clear and convincing medical evidence concluding that a party suffers from an illness or condition raising substantial medical doubt of survival of that party beyond one year and which satisfies the court that the interests of justice will be served by granting such motion for a preferential trial date. (2) In any civil action filed in any court of record in this state, the court may grant a motion for a preferential trial date upon the motion of a party who is a natural person at least seventy years of age and a finding by the court that such claim is meritorious, unless the court finds that such party does not have a substantial interest in the case as a whole. (3) A motion under this section may be filed and served at any time when the case is at issue and a party meets the requirements of subsection (1) or (2) of this section. (4) Upon the granting of a motion for a preferential trial date, the court shall set the case for trial not more than one hundred nineteen days from the date the motion was filed. The court shall establish an accelerated discovery schedule in all such cases. No continuance shall be granted beyond the one-hundred-nineteen-day period except for physical or mental disability of a party or a party's attorney or upon a showing of other good cause. Any such continuance shall be for no more than one hundred nineteen days, and only one such continuance shall be granted to a party.

C.R.S. § 13-1-130 Reports of convictions to department of education

13-1-130. Reports of convictions to department of education. When a person is convicted of, pleads nolo contendere to, or receives a deferred sentence for a felony and the court knows the person is a current or former employee of a school district or a charter school in this state or holds a license or authorization pursuant to the provisions of article 60.5 of title 22, C.R.S., the court shall report such fact to the department of education.

C.R.S. § 13-1-131 Speedy trial option in civil actions

13-1-131. Speedy trial option in civil actions. If a trial date has not been fixed by the court in any civil action within ninety days from the date the case is at issue, upon agreement of all the parties, the parties may elect to have the matter heard by a master, appointed by the court in accordance with the Colorado rules of civil procedure. When such a trial is held before a master, the parties shall pay the costs of such trial, as allocated fairly among the parties by the master. The master shall have all the powers of a judge.

C.R.S. § 13-1-132 Use of interactive audiovisual devices and communication technology in court proceedings

13-1-132. Use of interactive audiovisual devices and communication technology in court proceedings. (1) Except for trials, when the appearance of any person is required in any court of this state, such appearance may be made by the use of an interactive audiovisual device. An interactive audiovisual device shall operate so as to enable the person and the judge or magistrate to view and converse with each other simultaneously. (2) Notwithstanding any provision of this section, a judge or magistrate may order a person to appear in court. (3) A full record of such proceeding shall be made. (3.5) (a) All Colorado courts, including municipal courts, shall make any criminal court proceeding conducted in open court available for remote public viewing and listening in real time, at no cost to the public, through an online platform, which may include a participatory web conferencing platform, and post prominently on the court's website the links for remote observation, unless: (I) The courtroom does not have sufficient technological capability, such as a participatory web conferencing platform, to make such proceedings available to the public for remote observation; (II) Members of the public have been excluded from the criminal proceeding by order of the court; (III) Technology, staffing, or internet issues limit or prevent remote observation; or (IV) After a request by a party, witness, or victim, or on the court's own motion, the court makes findings on the record based on the particular facts and circumstances of the case that: (A) There is a reasonable likelihood remote observation of live proceedings risks compromising the safety of any person; the defendant's right to a fair trial, including violations of sequestration orders; or the victim's rights pursuant to section 24-4.1-302.5 (1)(a); and (B) There is no less restrictive alternative that preserves the public interest in remote observation while mitigating the identified risk. As used in this subsection (3.5)(a)(IV)(B), "less restrictive alternative" includes allowing remote audio-only observation while disabling video observation or turning off remote observation for particular witnesses or discrete portions of the proceeding. (b) As used in this section, "risks compromising the safety" include risks to physical and emotional safety, intimidation, and harassment. (c) When allowing remote observation, courts shall take reasonable steps to ensure there is no audio or visual recording, including photography or screenshots of the proceedings, without explicit permission of the court. As used in this subsection (3.5)(c), "reasonable steps" must include an on-screen warning that any recording of the proceedings without a court order, including any screen capture, photograph, or audiovisual recording, is prohibited. "Reasonable steps" may also include the court issuing an additional verbal or on-screen warning and prohibiting remote observation by specific individuals whom the court has reason to believe may violate this rule. (d) When allowing remote observation, courts shall take reasonable steps to ensure no audio or visual transmission of privileged, confidential communications occurs. To help facilitate privileged, confidential communications in the courtroom, courts shall notify parties and attorneys of the location of microphones and any ability to mute microphones. If the court becomes aware that such transmissions occurred, the court shall work with the parties and attorneys to prevent reoccurrence. o or visual transmission of privileged, confidential communications occurs. To help facilitate privileged, confidential communications in the courtroom, courts shall notify parties and attorneys of the location of microphones and any ability to mute microphones. If the court becomes aware that such transmissions occurred, the court shall work with the parties and attorneys to prevent reoccurrence. (e) If a proceeding subject to a sequestration order is made available for public remote observation, the court shall take reasonable steps to ensure compliance with the sequestration order and ensure the right to a fair trial, which may include: (I) Announcing the sequestration order as frequently as necessary in open court; (II) Requiring observers to identify themselves to ensure none are potential witnesses and that any observers who are forbidden from discussing the case with witnesses know of that obligation; (III) At the request of a party, allowing the court or party to inquire of any witness, while under oath and outside the presence of the jury, if the witness watched any portion of the proceeding or discussed any portion of the proceeding with anyone prior to testifying; and (IV) Terminating remote observation to protect the parties' right to a fair trial or to ensure compliance with the sequestration order. (f) For criminal courts that do not have sufficient existing staff or technological capabilities to make proceedings available for remote observation as of September 1, 2023, if the court subsequently obtains such staff and capabilities, the court must comply with the provisions of this section within ninety days after obtaining such staff and capabilities. (g) This subsection (3.5) does not apply to juvenile delinquency cases pursuant to title 19 or to cases in which a juvenile has been charged by direct filing of information or an indictment in district court pursuant to section 19-2.5-801 until the completion of a preliminary hearing and completion of any hearing requesting to transfer the case to juvenile court pursuant to section 19-2.5-801 (4). (4) The supreme court may prescribe rules of procedure pursuant to section 13-2-109 to implement this section.

C.R.S. § 13-1-133 Use of recycled paper

13-1-133. Use of recycled paper. (1) The general assembly finds and declares that there is a need to expand upon existing laws which foster the effective and efficient management of solid waste by requiring that certain documents submitted by attorneys-at-law to state courts of record be submitted on recycled paper. The general assembly further finds that such expansion will protect and enhance the environment and the health and safety of the citizens of Colorado. (2) (a) (I) Except as provided in paragraph (b) of this subsection (2), no document shall be submitted by an attorney to a court of record after January 1, 1994, unless such document is submitted on recycled paper. The provisions of this section shall apply to all papers appended to each such document. (II) (A) Procedures adopted to implement the provisions of this section shall not impede the conduct of court business nor create grounds for an additional cause of action or sanction. (B) No document shall be refused by a court of record solely because it was not submitted on recycled paper. (b) Nothing in this section shall be construed to apply to: (I) Photographs; (II) An original document that was prepared or printed prior to January 1, 1994; (III) A document that was not created at the direction or under the control of the submitting attorney; (IV) Facsimile copies otherwise permitted to be filed with a court of record in lieu of the original document; however, if the original is also required to be filed, such original shall be submitted in compliance with this section; (V) Existing stocks of nonrecycled paper and preprinted forms acquired or printed prior to January 1, 1994. (3) The provisions of this section shall not be applicable if recycled paper is not readily available. (4) For purposes of this section, unless the context requires otherwise: (a) "Attorney" means an attorney-at-law admitted to practice law before any court of record in this state. (b) "Courts of record" shall have the same meaning as set forth in section 13-1-111. (c) "Document" means any pleading or any other paper submitted as an appendix to such pleading by an attorney, which document is required or permitted to be filed with a clerk of court concerning any action to be commenced or which is pending before a court of record. (d) "Recycled paper" means paper with not less than fifty percent of its total weight consisting of secondary and postconsumer waste and with not less than ten percent of such total weight consisting of postconsumer waste.

C.R.S. § 13-1-134 Court automation system - juvenile or domestic actions

13-1-134. Court automation system - juvenile or domestic actions. (1) The general assembly hereby finds, determines, and declares that the accurate and efficient exchange of information between the courts and state family service agencies is beneficial in providing aid to families in need in Colorado. Further, the general assembly declares that the use of a computer automation system to link the courts with each other and with state family service agencies for the purpose of the exchange of information regarding families would aid in identifying and providing services to families in need. It is for this reason that the general assembly has adopted this section. (2) (a) On or before January 15, 1996, the state court administrator shall establish and administer a program for automation of the court computer technology systems in order to link the juvenile courts and district courts involved in domestic actions around the state with each other and with state family service agencies, including, but not limited to, the department of human services, the juvenile probation department, law enforcement offices, and any other agency involved in the investigation, evaluation, or provision of services to families involved in domestic actions pursuant to title 19, C.R.S., and articles 4 and 10 of title 14, C.R.S. Said automation system shall provide those parties linked to the system with automatic access to information obtained by any one of the parties in regard to a family or family member involved in said domestic actions; except that said automation system shall not include information which is required to be kept confidential under any state or federal law. (b) Repealed. (3) The provisions of this section shall not affect the confidentiality of juvenile records.

C.R.S. § 13-1-135 Family courts - implementation report

13-1-135. Family courts - implementation report. (Repealed)

C.R.S. § 13-1-136 Civil protection orders - single set of forms

13-1-136. Civil protection orders - single set of forms. (1) The general assembly hereby finds that the statutes provide for the issuance of several types of civil protection orders to protect the public, but that many of these protection orders have many elements in common. The general assembly also finds that consolidating the various forms for issuing and verifying service of civil protection orders and creating, to the extent possible, a standardized set of forms that will be applicable to the issuance and service of civil protection orders will simplify the procedures for issuing these protection orders and enhance the efficient use of the courts' and citizens' time and resources. (2) On or before July 1, 2003, the state court administrator, pursuant to the rule-making authority of the Colorado supreme court, shall design and make available to the courts copies of a standardized set of forms that shall be used in the issuance and verification of service of civil protection orders issued pursuant to article 14 of this title or section 14-10-108, C.R.S., or rule 365 of the Colorado rules of county court civil procedure. The state court administrator shall design the standardized set of forms in such a manner as to make the forms easy to understand and use and in such a manner as will facilitate and improve the procedure for requesting, issuing, and enforcing civil protection orders. (3) In developing the standardized set of forms for the issuance and verification of service of civil protection orders pursuant to this section, the state court administrator shall work with representatives of municipal, county, and district court judges, law enforcement, a member of the Colorado bar association, and representatives of other interested groups.

C.R.S. § 13-1-137 Reporting of data concerning juvenile proceedings

13-1-137. Reporting of data concerning juvenile proceedings. (1) Notwithstanding section 24-1-136 (11)(a)(I), the judicial branch shall report annually to the judiciary committees of the house of representatives and senate, or to any successor committees, information concerning: (a) The number of juvenile delinquency cases; (b) The number of juvenile delinquency cases that involved an appointment of counsel; (c) The number of juvenile cases that involved a waiver of counsel; (d) The status of recommended reviews to juvenile court rules, forms, and chief justice directives regarding the representation of children in juvenile delinquency courts; (e) The number of juvenile delinquency cases that involved a detention hearing, the number of juveniles who were released after the detention hearing, and the number of juveniles who remained in detention after the detention hearing; and (f) The process of training judicial officers and private defense attorneys concerning determinations of competency to proceed for juveniles and adults, competency evaluation reports, services to restore competency, and certification proceedings governed by article 65 of title 27.

C.R.S. § 13-1-138 Notification of court reminder program

13-1-138. Notification of court reminder program. (Repealed)

C.R.S. § 13-1-139 Court limitations on medication-assisted treatment - prohibited

13-1-139. Court limitations on medication-assisted treatment - prohibited. A court shall not condition participation in a drug or problem-solving court or other judicial program, or enter orders relating to probation or parole or placement in community corrections, based on the requirement that a person cease participating in prescribed medication-assisted treatment for substance use disorders, as defined in section 23-21-803, unless the person or the prescriber determines that medication-assisted treatment is no longer necessary or is no longer an effective treatment for the person.

C.R.S. § 13-1-140 Prohibition on issuing subpoena in connection with proceeding in another state

13-1-140. Prohibition on issuing subpoena in connection with proceeding in another state. (1) A court, judicial officer, court employee, or attorney shall not issue a subpoena in connection with a proceeding in another state concerning an individual engaging in a legally protected health-care activity, as defined in section 12-30-121 (1)(d), or an entity that provides insurance coverage for gender-affirming health-care services, as defined in section 12-30-121 (1)(c), or reproductive health care, as defined in section 25-6-402 (4). (2) This section does not prohibit the investigation of criminal activity that may involve a legally protected health-care activity, provided that information relating to a medical procedure performed on an individual is not shared with an agency or individual from another state for the purpose of enforcing another state's abortion law.

C.R.S. § 13-1-141 Ralph L

13-1-141. Ralph L. Carr Colorado judicial center - Colorado state patrol - law enforcement services. The Colorado state patrol shall provide law enforcement services for the Ralph L. Carr Colorado judicial center and its grounds, subject to available appropriations.

C.R.S. § 13-1-142 Probation and parole supervision fee report

13-1-142. Probation and parole supervision fee report. The state court administrator shall annually report on probation supervision fees assessed in the previous year during its "SMART Act" hearing, required pursuant to section 2-7-203. The report must include information regarding probation supervision fees, the amount of the fee charged per month, how many people were assessed the fee, and the total amount collected. Probation departments shall provide the state court administrator with any information requested by the state court administrator to comply with this section. The department of corrections shall annually report on parole supervision fees assessed in the previous year during its "SMART Act" hearing required pursuant to section 2-7-203. The report must include information regarding parole supervision fees, the amount of the fee charged per month, how many people were assessed the fee, and the total amount collected.

C.R.S. § 13-1-201 Legislative declaration

13-1-201. Legislative declaration. (1) The general assembly hereby finds that: (a) Ensuring the safety of employees and users of state court facilities is a significant component of ensuring access to justice for the people of the state of Colorado; (b) Responsibility for providing security for state court facilities lies with the county governments; and (c) Colorado is a geographically, demographically, and economically diverse state and this diversity affects the funding and services of individual counties. Although the provision of security for state court facilities is a county responsibility, the variation in funds available to individual counties may not allow fundamental security measures to be met in each county. (2) The general assembly, therefore, determines and declares that: (a) The creation of the court security cash fund commission and the court security cash fund will be beneficial to, and in the best interests of, the people of the state of Colorado; and (b) The goals of the commission and the cash fund shall be to: (I) Provide supplemental funding for ongoing security staffing in the counties with the most limited financial resources; and (II) Provide moneys to counties for court security equipment costs, training of local security teams on issues of state court security, and emergency needs related to court security.

C.R.S. § 13-1-202 Definitions

13-1-202. Definitions. As used in this part 2, unless the context otherwise requires: (1) "Commission" means the court security cash fund commission created in section 13-1-203. (2) "Fund" means the court security cash fund created in section 13-1-204. (3) "Local security team" means a group of individuals from a county that oversees issues of court security for the county and that includes, at a minimum, the chief judge of the district court in the county or his or her designee, the sheriff or his or her designee, and a county commissioner or county manager or his or her designee.

C.R.S. § 13-1-203 Court security cash fund commission - creation - membership

13-1-203. Court security cash fund commission - creation - membership. (1) There is created in the judicial department the court security cash fund commission to evaluate grant applications received pursuant to this part 2 and make recommendations to the state court administrator for awarding grants from the court security cash fund. (2) (a) The commission shall be composed of seven members, as follows: (I) Two representatives of an association that represents county commissioners who are recommended by the association and who are appointed by the governor; (II) Two representatives of an association that represents county sheriffs who are recommended by the association and who are appointed by governor; (III) Two members of the judicial branch who are appointed by the chief justice; and (IV) One member of the general public who is appointed by the chief justice. (b) The commission membership described in paragraph (a) of this subsection (2) shall include, at all times, at least one representative from a county in which the population is above the median population for the state of Colorado, as determined by the most recent data published by the department of local affairs, and at least one representative from a county in which the population is below the median population for the state of Colorado, as determined by the most recent data published by the department of local affairs. (3) The term of office of each member of the commission is three years; except that the terms shall be staggered so that no more than four members' terms expire in the same year. A vacancy shall be filled by the respective appointing authority for the unexpired term only. (4) Members of the commission shall serve without compensation and without reimbursement for expenses.

C.R.S. § 13-1-204 Court security cash fund - creation - grants - regulations

13-1-204. Court security cash fund - creation - grants - regulations. (1) (a) There is hereby created in the state treasury the court security cash fund. The moneys in the fund shall be subject to annual appropriation by the general assembly for the implementation of this part 2. The state court administrator is authorized to accept gifts, grants, or donations from any private or public source for the purpose of implementing this part 2. All private and public moneys received by the state court administrator from gifts, grants, or donations shall be transmitted to the state treasurer, who shall credit the same to the fund in addition to any moneys that may be appropriated to the fund directly by the general assembly. (b) A five-dollar surcharge must be assessed and collected as provided by law on docket fees and jury fees for specified civil actions filed on and after July 1, 2007, on docket fees for criminal convictions entered on and after July 1, 2007, on filing fees for specified probate filings made on and after July 1, 2007, on docket fees for specified special proceeding filings made on and after July 1, 2007, on fees for specified filings in water matters initiated on and after July 1, 2007, on docket fees for specified traffic infraction penalties assessed on and after July 1, 2007, and on docket fees for civil infraction penalties assessed on or after March 1, 2022. The surcharge must be transmitted to the state treasurer, who shall credit the surcharge to the fund. (c) (I) All investment earnings derived from the deposit and investment of moneys in the fund shall remain in the fund and shall not be transferred or revert to the general fund at the end of any fiscal year. Any unexpended and unencumbered moneys remaining in the fund at the end of any fiscal year shall remain in the fund and shall not be credited or transferred to the general fund or any other fund. (II) Notwithstanding any provision of subparagraph (I) of this paragraph (c) to the contrary, on April 20, 2009, the state treasurer shall deduct one million five hundred thousand dollars from the court security cash fund and transfer such sum to the general fund. (III) Notwithstanding any provision of subparagraph (I) of this paragraph (c) to the contrary, on July 1, 2009, the state treasurer shall deduct five hundred thousand dollars from the court security cash fund and transfer such sum to the general fund. (2) Moneys from the fund that are distributed to counties pursuant to this part 2 shall be used to supplement existing county funding for purposes related to security of facilities containing a state court or probation office and shall not be used to supplant moneys already allocated by the county for such purposes. (3) All moneys credited to the fund shall be available for grants awarded by the state court administrator, based on recommendations of the commission, to counties for the purposes described in this part 2; except that the state court administrator may use up to ten percent of the moneys annually appropriated from the fund for administrative costs incurred through the implementation of this part 2. The state court administrator, subject to annual appropriation by the general assembly, is hereby authorized to expend moneys appropriated from the fund pursuant to this part 2. (4) In accordance with the principles set out in section 13-1-205, the commission shall adopt guidelines prescribing the procedures to be followed in making, filing, and evaluating grant applications, the criteria for evaluation, and other guidelines necessary for administering the fund.

C.R.S. § 13-1-205 Grant applications - duties of counties

13-1-205. Grant applications - duties of counties. (1) To be eligible for moneys from the fund, a local security team shall apply to the commission through the state court administrator for moneys to be used as specified in this part 2 and in accordance with the timelines and guidelines adopted by the commission and using the application form provided by the commission. For the commission to consider a grant application, the application shall be signed by the administrative authority of each entity that is represented on the local security team. (2) Grants from the fund shall be used to fund counties that meet the criteria specified in subsection (4) of this section for: (a) The provision of court security staffing at a facility containing a state court or probation office; (b) The purchase of security equipment or related structural improvements for a facility containing a state court or probation office; (c) The provision of training on issues of court security; or (d) Miscellaneous funding needs associated with issues of court security or security equipment. (3) Moneys credited to the fund that are available for grant distribution shall be awarded based on the following priority schedule: (a) Requests from counties that meet the criteria specified in subsection (4) of this section shall have the highest priority; and (b) Requests for moneys for personnel costs shall be given subsequent priority. (4) Counties that meet at least two of the following criteria shall be given the highest priority for need-based grants for court security personnel services pursuant to this part 2: (a) Counties in which the total population is below the state median, as determined by the most recent data published by the department of local affairs; (b) Counties in which the per capita income is below the state median, as determined by the most recent data published by the department of local affairs; (c) Counties in which property tax revenues are below the state median, as determined by the most recent data published by the department of local affairs; or (d) Counties in which the total county population living below the federal poverty line is greater than the state median, as determined by the most recent census published by the United States bureau of the census.

C.R.S. § 13-1-301 Legislative declaration

13-1-301. Legislative declaration. (1) The general assembly hereby finds that: (a) Providing access to state court facilities and ensuring the safety of employees and other users of state court facilities are fundamental components of ensuring access to justice for the people of the state of Colorado; (b) Recent years have seen numerous occasions in which courthouse repair, renovation, improvement, and expansion needs have become important priorities for judicial districts and the counties they serve; (c) In some cases these needs result from anticipated causes, such as expanding caseloads, the allocations of new judges to the district, or the aging of existing courtroom facilities and the attendant need to bring them up to current operational and safety standards; (d) In other cases the needs are driven by unexpected events, such as natural disasters, accidents, or the discovery of previously unknown threats to health and safety; and (e) While the responsibility for providing adequate courtrooms and other court facilities lies with county governments, the geographically, demographically, and economically diverse nature of our state affects the level of funding and services that each county can provide. (2) The general assembly, therefore, determines and declares that: (a) The creation of the underfunded courthouse facility cash fund commission and the underfunded courthouse facility cash fund is beneficial to and in the best interests of the people of the state of Colorado; and (b) The purpose of the commission and the fund is to provide supplemental funding for courthouse facility projects in the counties with the most limited financial resources.

C.R.S. § 13-1-302 Definitions

13-1-302. Definitions. As used in this part 3, unless the context otherwise requires: (1) "Commission" means the underfunded courthouse facility cash fund commission created in section 13-1-303. (2) "Court security cash fund commission" means the court security cash fund commission created in section 13-1-203. (3) "Fund" means the underfunded courthouse facility cash fund created in section 13-1-304. (4) "Imminent closure of a court facility" means a court facility with health, life, or safety issues that impact court employees or other court users and that is designated for imminent closure by the state court administrator in consultation with the state's risk management system or other appropriate professionals. Health, life, or safety issues include air quality issues, water intrusion problems, temperature control issues, structural conditions that cannot reasonably be mitigated, fire hazards, electrical hazards, and utility problems. Certain health, life, or safety issues may require additional third-party evaluations such as an environmental or structural engineering review. (5) "Master planning" means entering into contracts for professional design services or engineering consulting to determine construction or remodeling options, feasibility, or cost estimates for a proposed building project.

C.R.S. § 13-1-303 Underfunded courthouse facility cash fund commission - creation - membership

13-1-303. Underfunded courthouse facility cash fund commission - creation - membership. (1) There is hereby created in the judicial department the underfunded courthouse facility cash fund commission to evaluate grant applications received pursuant to this part 3 and make recommendations to the state court administrator for awarding grants from the underfunded courthouse facility cash fund based on the statutory criteria set forth in section 13-1-305. The commission shall be appointed no later than July 1, 2014. (2) (a) The commission has seven members, as follows: (I) Two representatives of an association that represents county commissioners, appointed by the association; (II) One member from the department of local affairs, appointed by the department of local affairs; (III) Two members from the judicial branch, appointed by the chief justice; (IV) One member from the court security cash fund commission, appointed by the chief justice; and (V) A representative of the state historical society, appointed by the president of the state historical society. (b) The commission membership described in paragraph (a) of this subsection (2) must include, at all times, at least one representative from a county in which the population is above the median population for the state, as determined by the most recent data published by the department of local affairs, and at least one representative from a county in which the population is below the median population for the state, as determined by the most recent data published by the department of local affairs. (3) Each member of the commission serves a three-year term; except that, of those members first appointed, one member representing each entity that appoints two members is appointed for a one-year term and one member representing each entity that appoints two members is appointed for a two-year term. A vacancy must be filled by the respective appointing authority no later than thirty days after the vacating member's last day for the unexpired term only. (4) Members of the commission serve without compensation and without reimbursement for expenses. (5) Four member votes are required for any final commission recommendations. The commission's final recommendations are subject to final approval by the state court administrator and are not subject to any form of appeal. (6) In accordance with the principles set out in section 13-1-305, the commission shall adopt guidelines prescribing the procedures to be followed in making, filing, and evaluating grant applications, the criteria for evaluation, and other guidelines necessary for administering the program.

C.R.S. § 13-1-304 Underfunded courthouse facility cash fund - creation - grants - regulations

13-1-304. Underfunded courthouse facility cash fund - creation - grants - regulations. (1) There is hereby created in the state treasury the underfunded courthouse facility cash fund that consists of any moneys appropriated by the general assembly to the fund. The moneys in the fund are subject to annual appropriation by the general assembly for the implementation of this part 3. The state court administrator may accept gifts, grants, or donations from any private or public source for the purpose of implementing this part 3. All private and public moneys received by the state court administrator from gifts, grants, or donations must be transmitted to the state treasurer, who shall credit the same to the fund in addition to any moneys that may be appropriated to the fund directly by the general assembly. All investment earnings derived from the deposit and investment of moneys in the fund remain in the fund and may not be transferred or revert to the general fund at the end of any fiscal year. Any unexpended and unencumbered moneys remaining in the fund at the end of any fiscal year shall remain in the fund and shall not be credited or transferred to the general fund or any other fund. (2) Moneys from the fund that are distributed to counties pursuant to this part 3 may only be used for commissioning master planning services, matching funds or leveraging grant funding opportunities for construction or remodeling projects, or addressing emergency needs due to the imminent closure of a court facility. Moneys from the fund may not be allocated for the purchase of furniture, fixtures, or equipment or as the sole source of funding for new construction. Moneys from the fund may not be allocated as the sole source of funding for remodeling, unless the need for funding is associated with the imminent closure of a court facility. (3) All moneys credited to the fund shall be available for grants awarded by the state court administrator, based on recommendations of the commission, to counties for the purposes described in this part 3; except that the state court administrator may use a portion of the moneys annually appropriated from the fund for administrative costs incurred through the implementation of this part 3. The state court administrator, subject to annual appropriation by the general assembly, may expend moneys appropriated from the fund pursuant to this part 3.

C.R.S. § 13-1-305 Grant applications - duties of counties

13-1-305. Grant applications - duties of counties. (1) To be eligible for moneys from the fund, a county must apply to the commission through the state court administrator, using the application form provided by the commission, in accordance with the timelines and guidelines adopted by the commission. For the commission to consider a grant application, the application must first be reviewed and approved by the chief judge of the county and the board of county commissioners. (2) (a) Grants from the fund may only be used to fund counties that meet the requirements set forth in paragraph (b) of this subsection (2) and the criteria specified in subsection (4) of this section to: (I) Commission master planning services; (II) Serve as matching funds or leverage grant funding opportunities; or (III) Address emergency needs due to the imminent closure of a court facility. (b) Grants from the fund may only be awarded to a county when: (I) The county has demonstrated good faith in attempting to resolve the issues before seeking a grant from the fund; (II) The county has agreed to disclose pertinent financial statements to the commission or the state court administrator for review; and (III) The state court administrator is satisfied that the county does not have significant uncommitted reserves. (c) Grants from the fund may not supplant any county funding for a county that has the means to support its court facility. (d) The approval of a grant shall not result in the state or commission assuming ownership or liability for a county courthouse or other county facility that houses county offices and employees. The county shall continue to have ownership and liability for all such facilities. (e) Once a county is awarded a grant, the county shall complete the project as designated and described in the grant award. (f) The commission shall develop a compliance review process to ensure that counties are using each grant as specified in the grant award. (3) Counties that meet all four of the criteria specified in subsection (4) of this section must be given the highest priority for need-based grants for underfunded courthouse facilities pursuant to this part 3. (4) Counties that meet at least two of the following criteria qualify for need-based grants for underfunded courthouse facilities pursuant to this part 3: (a) Counties in which the total population is below the state median, as determined by the most recent data published by the department of local affairs; (b) Counties in which the per capita income is below the state median, as determined by the most recent data published by the department of local affairs; (c) Counties in which property tax revenues are below the state median, as determined by the most recent data published by the department of local affairs; or (d) Counties in which the total county population living below the federal poverty line is greater than the state median, as determined by the most recent census published by the United States bureau of the census.

C.R.S. § 13-1-306 Legislative review - repeal

13-1-306. Legislative review - repeal. The underfunded courthouse facility cash fund commission repeals on September 1, 2035. Prior to repeal, the underfunded courthouse facility cash fund commission is subject to review as provided in section 24-34-104.

C.R.S. § 13-1-401 Legislative declaration

13-1-401. Legislative declaration. (1) The general assembly hereby finds and declares that: (a) Access to courts is a cornerstone of Colorado's republican form of government and is therefore a matter of statewide concern. Civil arrest of a person at a courthouse or on its environs, or while going to, attending, or coming from a court proceeding, threatens the values of public access and the core functions of courts and is considered an unreasonable and unlawful seizure whether undertaken by a local, state, or federal officer. (b) Courts have the affirmative obligation to assert their powers to ensure order and efficient functioning in their proceedings through exercising their contempt power and issuing writs in order to protect the dignity, independence, and integrity of proceedings; (c) There exists from English common law a privilege from civil arrest at a courthouse and on its environs, or while going to, attending, or coming from a court proceeding. The common law of England is "the rule of decision, and shall be considered as of full force until repealed by legislative authority" pursuant to section 2-4-211, and the common law privilege from civil arrest has not been legislatively repealed. (d) The general assembly has the power to protect Colorado's court proceedings in order to preserve Colorado's republican form of government and has previously codified the privilege from arrest in specific circumstances to protect the proper functioning of courts; and (e) This act clarifies Colorado law with respect to court access and judicial power to enforce the protection in order to ensure court access and to prevent interruption of the administration of justice, and clarifies that the protection extends to proceedings conducted under the authority of a court, including, but not limited to, probation and pretrial services. (2) Nothing in this part 4 narrows, or in any way lessens, any rights or protections from civil arrest at a courthouse or on its environs, or while going to, attending, or coming from a court proceeding, under common law, statute, the United States constitution, the state constitution, or the remedies available for violations of those rights or privileges.

C.R.S. § 13-1-402 Definitions

13-1-402. Definitions. As used in this part 4, unless the context otherwise requires: (1) "Civil arrest" means an arrest that is solely or primarily in connection with a civil proceeding but does not include an arrest made in connection with a judge's contempt authority or other judicially issued process. (2) "Court" means a court of the state of Colorado or its counties or municipalities. (3) "Courthouse" means the entirety of a building in which a court is located including, but not limited to, a courtroom, hallway, restroom, or lobby. (4) "Court proceeding" means a proceeding conducted by a court or under the authority of a court, including, but not limited to: (a) Accessing a service or conducting business with a court; (b) A criminal proceeding; (c) A civil proceeding; (d) A grand jury proceeding; (e) A civil protection order proceeding; (f) An arbitration; (g) A deposition; (h) A pretrial services appointment; or (i) A probation services appointment. (5) "Environs" means the vicinity surrounding a courthouse, including, but not limited to, a sidewalk, driveway, entryway, green space, or parking area serving the courthouse.

C.R.S. § 13-1-403 Prohibition of civil arrest - writ of protection - procedure

13-1-403. Prohibition of civil arrest - writ of protection - procedure. (1) A person shall not be subject to civil arrest while the person is present at a courthouse or on its environs, or while going to, attending, or coming from a court proceeding. (2) (a) A judge or magistrate may issue a writ of protection to prohibit a civil arrest pursuant to subsection (1) of this section. A judge or magistrate may incorporate the writ of protection in other regularly issued documents. (b) The protection described in subsection (1) of this section applies regardless of whether a writ of protection has been issued. (3) Nothing in this section precludes a criminal arrest or execution of a criminal arrest warrant issued by a judge or magistrate based on probable cause of a violation of criminal law. (4) An on-duty law enforcement officer who is not employed by or contracted with courthouse security, or participating in a court proceeding, shall present credentials and state the purpose of the officer's presence to any existing courthouse security, who shall maintain a record of the information. (5) The chief judge of any court may enter an order to ensure that arrests made while persons are present at a courthouse or on its environs, or while going to, attending, or coming from a court proceeding, comply with this section.

C.R.S. § 13-1-404 Remedies

13-1-404. Remedies. (1) A person who knowingly violates section 13-1-403 (1) or a writ of protection issued pursuant to section 13-1-403 (2) is liable for damages in a civil action for false imprisonment. (2) A person who knowingly violates section 13-1-403 (1) or a writ of protection issued pursuant to section 13-1-403 (2) is subject to contempt of court. (3) The attorney general may bring a civil action on behalf of the people of the state for a violation of section 13-1-403 to obtain appropriate equitable or declaratory relief. (4) A person arrested or detained in violation of section 13-1-403 may seek a writ of habeas corpus.

C.R.S. § 13-1-405 Severability

13-1-405. Severability. If any provision of this part 4 or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or application of this part 4 that can be given effect without the invalid provision or application, and to this end the provisions of this part 4 are severable.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-13.docxFetched: 10/6/2026

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