Colorado § 13-32-101 - Docket fees in civil actions - judicial stabilization cash fund - justice center cash fund - justice center maintenance fund - equal justice fee collection - court security surcharge collection - created - report - legislative declaration - repeal.

§ 13-32-101. Docket fees in civil actions - judicial stabilization cash fund - justice center cash fund - justice center maintenance fund - equal justice fee collection - court security surcharge collection - created - report - legislative declaration - repeal.

(1) [Editor's note: This version of subsection (1) is effective until July 1, 2027.] At the time of first appearance in all civil actions and special proceedings in all courts of record, except in the supreme court and the court of appeals, and except in the probate proceedings in the district court or probate court of the city and county of Denver, and except as provided in subsection (3) of this section and in sections 13-32-103 and 13-32-104, there shall be paid in advance the total docket fees, as follows:

(a) On and after July 1, 2009, by the petitioner in a proceeding for dissolution of marriage, legal separation, or declaration of invalidity of marriage and by the petitioner in an action for a declaratory judgment concerning the status of marriage, a fee of two hundred thirty dollars;

(a.5) On and after October 1, 2013, by the petitioner in a proceeding for dissolution of a civil union, legal separation of a civil union, or declaration of invalidity of a civil union and by the petitioner in an action for a declaratory judgment concerning the status of a civil union, a fee of two hundred thirty dollars;

(b) On and after July 1, 2009, by the respondent in a proceeding for dissolution of marriage, legal separation, or declaration of invalidity of marriage and by the respondent to an action for a declaratory judgment concerning the status of marriage, a fee of one hundred sixteen dollars;

(b.5) On and after October 1, 2013, by the respondent in a proceeding for dissolution of a civil union, legal separation of a civil union, or declaration of invalidity of a civil union and by the respondent to an action for a declaratory judgment concerning the status of a civil union, a fee of one hundred sixteen dollars;

(c) (I) to (III) Repealed.

(III.5) Except as provided in subsections (1)(c)(IV) and (1)(c)(V) of this section:

(A) On or after January 1, 2019, by each plaintiff, petitioner, third-party plaintiff, and party filing a cross claim or counterclaim, when a money judgment sought is less than one thousand dollars and such action is commenced in a court of record of appropriate limited jurisdiction, a fee in the amount of eighty-five dollars.

(B) On or after January 1, 2019, by each defendant, respondent, third-party defendant, or other party in such court not filing a cross claim or counterclaim, when a money judgment sought is less than one thousand dollars and such action is commenced in a court of record of appropriate limited jurisdiction, a fee in the amount of eighty dollars.

(C) On or after January 1, 2019, by each plaintiff, petitioner, third-party plaintiff, and party filing a cross claim or counterclaim, when a money judgment sought is one thousand dollars or more but less than fifteen thousand dollars and such action is commenced in a court of record of appropriate limited jurisdiction, a fee in the amount of one hundred five dollars.

(D) On or after January 1, 2019, by each defendant, respondent, third-party defendant, or other party in such court not filing a cross claim or counterclaim, when a money judgment sought is one thousand dollars or more but less than fifteen thousand dollars and such action is commenced in a court of record of appropriate limited jurisdiction, a fee in the amount of one hundred dollars.

(E) On or after January 1, 2019, by each plaintiff, petitioner, third-party plaintiff, and party filing a cross claim or counterclaim, when a money judgment sought is fifteen thousand dollars or more but does not exceed twenty-five thousand dollars and such action is commenced in a court of record of appropriate limited jurisdiction, a fee in the amount of one hundred thirty-five dollars.

(F) On or after January 1, 2019, by each defendant, respondent, third-party defendant, or other party in such court not filing a cross claim or counterclaim, when a money judgment sought is fifteen thousand dollars or more but does not exceed twenty-five thousand dollars and such action is commenced in a court of record of appropriate limited jurisdiction, a fee in the amount of one hundred thirty dollars.

(IV) The general assembly hereby declares that docket fees for actions filed in the small claims division of the county court should reflect the range of the monetary jurisdictional limit established for such actions and that such fees should promote access to the courts and reflect appropriate contributions from litigants using the court system based on the money judgment sought in an action. The general assembly hereby declares that it is appropriate to establish docket fees for the small claims division of the county court as follows:

(A) On and after July 1, 2008, when the money judgment sought by the plaintiff in an action filed in the small claims division of the county court is five hundred dollars or less, a plaintiff shall pay a fee of thirty-one dollars.

(B) On and after July 1, 2008, when the money judgment sought by the plaintiff in an action filed in the small claims division of the county court is five hundred dollars or less, a defendant filing an answer without a counterclaim in such an action shall pay a fee of twenty-six dollars.

(C) On and after July 1, 2008, when the money judgment sought in an action filed in the small claims division of the county court exceeds five hundred dollars and is no more than seven thousand five hundred dollars, a plaintiff shall pay a fee of fifty-five dollars.

(D) On and after July 1, 2008, when the money judgment sought in an action filed in the small claims division of the county court exceeds five hundred dollars and is no more than seven thousand five hundred dollars, a defendant filing an answer without a counterclaim in such an action shall pay a fee of forty-one dollars.

(E) On and after July 1, 2008, if a defendant files an answer with a counterclaim in an action in the small claims division of the county court and the amount sought in the action and amount sought in the counterclaim are each five hundred dollars or less, the fee for such answer and counterclaim shall be thirty-one dollars.

(F) On and after July 1, 2008, if a defendant files an answer with a counterclaim in an action in the small claims division of the county court and the amount sought in either the action or the counterclaim is more than five hundred dollars and is not more than seven thousand five hundred dollars, the fee for such answer and counterclaim shall be forty-six dollars.

(V) A defendant or third-party defendant shall not be charged any fee, charge, or cost for filing an answer in response to a forcible entry and detainer complaint, regardless of whether the filing of the answer includes a counterclaim or cross claim, and regardless of whether a money judgment is being sought for any amount.

(d) On and after January 1, 2019, by each plaintiff, petitioner, third-party plaintiff, and party filing a cross claim or counterclaim filed in a district court of the state, a fee of two hundred thirty-five dollars;

(e) On and after July 1, 2008, by each appellant, a fee of one hundred sixty-three dollars;

(f) On and after January 1, 2019, by an appellee and by each defendant or respondent not filing a cross claim or counterclaim, a fee of one hundred ninety-two dollars;

(g) On and after July 1, 2008, by a petitioner in adoption proceedings, a fee of one hundred sixty-seven dollars.

(1) [Editor's note: This version of subsection (1) is effective July 1, 2027.] At the time of first appearance in all civil actions and special proceedings in all courts of record, except in the supreme court and the court of appeals, and except in the probate proceedings in the district court or probate court of the city and county of Denver, and except as provided in subsection (3) of this section and in sections 13-32-103 and 13-32-104, there shall be paid in advance the total docket fees, as follows:

(a) On and after July 1, 2027, by the petitioner in a proceeding for dissolution of marriage, legal separation, or declaration of invalidity of marriage and by the petitioner in an action for a declaratory judgment concerning the status of marriage, a fee of two hundred twenty-five dollars;

(a.5) On and after July 1, 2027, by the petitioner in a proceeding for dissolution of a civil union, legal separation of a civil union, or declaration of invalidity of a civil union and by the petitioner in an action for a declaratory judgment concerning the status of a civil union, a fee of two hundred twenty-five dollars;

(b) On and after July 1, 2027, by the respondent in a proceeding for dissolution of marriage, legal separation, or declaration of invalidity of marriage and by the respondent to an action for a declaratory judgment concerning the status of marriage, a fee of one hundred eleven dollars;

(b.5) On and after July 1, 2027, by the respondent in a proceeding for dissolution of a civil union, legal separation of a civil union, or declaration of invalidity of a civil union and by the respondent to an action for a declaratory judgment concerning the status of a civil union, a fee of one hundred eleven dollars;

(c) (I) to (III) Repealed.

(III.5) Except as provided in subsections (1)(c)(IV) and (1)(c)(V) of this section:

(A) On or after July 1, 2027, by each plaintiff, petitioner, third-party plaintiff, and party filing a cross claim or counterclaim, when a money judgment sought is less than one thousand dollars and such action is commenced in a court of record of appropriate limited jurisdiction, a fee in the amount of eighty dollars.

(B) On or after July 1, 2027, by each defendant, respondent, third-party defendant, or other party in such court not filing a cross claim or counterclaim, when a money judgment sought is less than one thousand dollars and such action is commenced in a court of record of appropriate limited jurisdiction, a fee in the amount of seventy-five dollars.

(C) On or after July 1, 2027, by each plaintiff, petitioner, third-party plaintiff, and party filing a cross claim or counterclaim, when a money judgment sought is one thousand dollars or more but less than fifteen thousand dollars and such action is commenced in a court of record of appropriate limited jurisdiction, a fee in the amount of one hundred dollars.

(D) On or after July 1, 2027, by each defendant, respondent, third-party defendant, or other party in such court not filing a cross claim or counterclaim, when a money judgment sought is one thousand dollars or more but less than fifteen thousand dollars and such action is commenced in a court of record of appropriate limited jurisdiction, a fee in the amount of ninety-five dollars.

(E) On or after July 1, 2027, by each plaintiff, petitioner, third-party plaintiff, and party filing a cross claim or counterclaim, when a money judgment sought is fifteen thousand dollars or more but does not exceed twenty-five thousand dollars and such action is commenced in a court of record of appropriate limited jurisdiction, a fee in the amount of one hundred thirty dollars.

(F) On or after July 1, 2027, by each defendant, respondent, third-party defendant, or other party in such court not filing a cross claim or counterclaim, when a money judgment sought is fifteen thousand dollars or more but does not exceed twenty-five thousand dollars and such action is commenced in a court of record of appropriate limited jurisdiction, a fee in the amount of one hundred twenty-five dollars.

(IV) The general assembly hereby declares that docket fees for actions filed in the small claims division of the county court should reflect the range of the monetary jurisdictional limit established for the actions and that the fees should promote access to the courts and reflect appropriate contributions from litigants using the court system based on the money judgment sought in an action. The general assembly hereby declares that it is appropriate to establish docket fees for the small claims division of the county court as follows:

(A) On and after July 1, 2027, when the money judgment sought by the plaintiff in an action filed in the small claims division of the county court is five hundred dollars or less, a plaintiff shall pay a fee of twenty-six dollars.

(B) On and after July 1, 2027, when the money judgment sought by the plaintiff in an action filed in the small claims division of the county court is five hundred dollars or less, a defendant filing an answer without a counterclaim in such an action shall pay a fee of twenty-one dollars.

(C) On and after July 1, 2027, when the money judgment sought in an action filed in the small claims division of the county court exceeds five hundred dollars and is no more than seven thousand five hundred dollars, a plaintiff shall pay a fee of fifty dollars.

(D) On and after July 1, 2027, when the money judgment sought in an action filed in the small claims division of the county court exceeds five hundred dollars and is no more than seven thousand five hundred dollars, a defendant filing an answer without a counterclaim in such an action shall pay a fee of thirty-six dollars.

(E) On and after July 1, 2027, if a defendant files an answer with a counterclaim in an action in the small claims division of the county court and the amount sought in the action and amount sought in the counterclaim are each five hundred dollars or less, the fee for such answer and counterclaim shall be twenty-six dollars.

(F) On and after July 1, 2027, if a defendant files an answer with a counterclaim in an action in the small claims division of the county court and the amount sought in either the action or the counterclaim is more than five hundred dollars and is not more than seven thousand five hundred dollars, the fee for such answer and counterclaim shall be forty-one dollars.

(V) A defendant or third-party defendant shall not be charged any fee, charge, or cost for filing an answer in response to a forcible entry and detainer complaint, regardless of whether the filing of the answer includes a counterclaim or cross claim, and regardless of whether a money judgment is being sought for any amount.

(d) On and after July 1, 2027, by each plaintiff, petitioner, third-party plaintiff, and party filing a cross claim or counterclaim filed in a district court of the state, a fee of two hundred thirty dollars;

(e) On and after July 1, 2027, by each appellant, a fee of one hundred fifty-eight dollars;

(f) On and after July 1, 2027, by an appellee and by each defendant or respondent not filing a cross claim or counterclaim, a fee of one hundred eighty-seven dollars;

(g) On and after July 1, 2027, by a petitioner in adoption proceedings, a fee of one hundred sixty-two dollars.

(2) On and after July 1, 2008, in any proceeding held pursuant to articles 5, 10, 11, 13, and 14 of title 14, C.R.S., where a decree or final or permanent order has been entered and more than sixty days have passed, there shall be assessed at the time of filing a motion to modify, amend, or alter said decree or order a fee of one hundred five dollars.

(3) (a) Notwithstanding the provisions of subsection (1) of this section, if parties appear jointly, only one fee shall be charged or paid, and no fee shall be charged in any event for the filing of a disclaimer, or for an acknowledgment of service for the purpose of conferring jurisdiction, or for an appearance or answer filed by a guardian ad litem, or by an attorney appointed by the court to represent and protect the interest of any defendant.

(b) (I) No docket fee shall be charged in mental health proceedings under article 10 or 10.5 of title 27, C.R.S.; but, where an estate is thereafter probated for any mental incompetent, the committing court has a claim against such estate, as a cost of the mental health proceedings, in the sum of twenty dollars, in addition to any other expense of commitment allowed and paid by the county, to be paid by the conservator of such estate as a claim pursuant to section 15-14-429, C.R.S.

(II) On and after July 1, 2009, all claims of twenty dollars that are paid to and collected by the committing court under subparagraph (I) of this paragraph (b) shall be transmitted to the state treasurer for deposit in the judicial stabilization cash fund created in subsection (6) of this section.

(c) No docket fee shall be charged in proceedings concerning dependent or neglected children, relinquishment of children, or delinquent children.

(4) (a) In a civil case in which there is a contested trial to the court or a trial to a jury and a monetary judgment rendered which is paid in whole or in part in cash or other property, there shall be assessed, against the judgment debtor, by the clerk of the court an additional fee as provided in paragraph (b) of this subsection (4). This additional fee shall be paid to the clerk of the district court upon request for full or partial satisfaction of judgment and before the certificate of satisfaction of judgment is issued.

(b) The additional fee to be paid by the judgment debtor, as provided in paragraph (a) of this subsection (4), is as follows:

(I) Judgments over $5,000 and not more than $10,000, a total additional fee of $10;

(II) Judgments over $10,000 and not more than $20,000, a total additional fee of $30;

(III) Judgments over $20,000 and not more than $30,000, a total additional fee of $50;

(IV) Judgments over $30,000 and not more than $50,000, a total additional fee of $90;

(V) Judgments over $50,000, $90 plus an additional fee of $2 for each $1,000 above $50,000.

(5) (a) Each fee collected pursuant to subsection (1)(a) or (1)(a.5) of this section must be transmitted to the state treasurer and divided as follows:

(I) Fifteen dollars must be deposited in the Colorado child abuse prevention trust fund created in section 26.5-3-206;

(II) One hundred fifteen dollars shall be deposited in the performance-based collaborative management incentive cash fund created in section 24-1.9-104, C.R.S.;

(III) Fifty dollars shall be deposited in the judicial stabilization cash fund created in subsection (6) of this section;

(IV) (A) Five dollars shall be deposited in the court security cash fund established pursuant to section 13-1-204;

(B) This subsection (5)(a)(IV) is repealed, effective July 1, 2027.

(V) Twenty-six dollars shall be deposited in the justice center cash fund created in paragraph (a) of subsection (7) of this section;

(VI) One dollar shall be deposited in the general fund pursuant to section 2-5-119, C.R.S.;

(VII) Pursuant to section 25-2-107 (2) or 25-2-107.5, C.R.S., three dollars shall be deposited in the vital statistics records cash fund created in section 25-2-121, C.R.S.;

(VIII) Five dollars shall be deposited in the displaced homemakers fund created in section 8-15.5-108, C.R.S.;

(IX) Five dollars shall be deposited in the Colorado domestic abuse program fund created in section 39-22-802 (1), C.R.S.; and

(X) Five dollars shall be deposited in the family violence justice fund created in section 14-4-107 (1), C.R.S.

(b) [Editor's note: This version of the introductory portion to subsection (5)(b) is effective until July 1, 2027.] Each fee collected pursuant to paragraph (b) or (b.5) of subsection (1) of this section shall be transmitted to the state treasurer and divided as follows:

(b) [Editor's note: This version of the introductory portion to subsection (5)(b) is effective July 1, 2027.] Each fee collected pursuant to subsection (1)(b) or (1)(b.5) of this section shall be transmitted to the state treasurer and divided as follows:

(I) Repealed.

(II) [Editor's note: This version of subsection (5)(b)(II) is effective until July 1, 2027.] On and after July 1, 2010, seventy-five dollars shall be deposited in the judicial stabilization cash fund created in subsection (6) of this section, five dollars shall be deposited in the court security cash fund established pursuant to section 13-1-204, twenty-six dollars shall be deposited in the justice center cash fund created in paragraph (a) of subsection (7) of this section, five dollars shall be deposited in the Colorado domestic abuse program fund created in section 39-22-802 (1), C.R.S., and five dollars shall be deposited in the family violence justice fund created in section 14-4-107 (1), C.R.S.

(II) [Editor's note: This version of subsection (5)(b)(II) is effective July 1, 2027.] On and after July 1, 2027, seventy-five dollars shall be deposited in the judicial stabilization cash fund created in subsection (6) of this section, twenty-six dollars shall be deposited in the justice center cash fund created in subsection (7)(a) of this section, five dollars shall be deposited in the Colorado domestic abuse program fund created in section 39-22-802 (1), and five dollars shall be deposited in the family violence justice fund created in section 14-4-107 (1).

(c) to (g) Repealed.

(g.5) [Editor's note: This version of subsection (5)(g.5) is effective until July 1, 2027.] Each fee collected pursuant to subsection (1)(c)(III.5)(A), (1)(c)(III.5)(C), or (1)(c)(III.5)(E) of this section shall be transmitted to the state treasurer and five dollars shall be deposited in the court security cash fund established pursuant to section 13-1-204, thirty-eight dollars shall be deposited in the justice center cash fund created in subsection (7)(a) of this section, and one dollar shall be deposited in the general fund pursuant to section 2-5-119. The remaining balance shall be deposited in the judicial stabilization cash fund created in subsection (6) of this section.

(g.5) [Editor's note: This version of subsection (5)(g.5) is effective July 1, 2027.] Each fee collected pursuant to subsection (1)(c)(III.5)(A), (1)(c)(III.5)(C), or (1)(c)(III.5)(E) of this section shall be transmitted to the state treasurer and thirty-eight dollars shall be deposited in the justice center cash fund created in subsection (7)(a) of this section, and one dollar shall be deposited in the general fund pursuant to section 2-5-119. The remaining balance shall be deposited in the judicial stabilization cash fund created in subsection (6) of this section.

(h) Repealed.

(h.5) [Editor's note: This version of subsection (5)(h.5) is effective until July 1, 2027.] Each fee collected pursuant to subsection (1)(c)(III.5)(B), (1)(c)(III.5)(D), or (1)(c)(III.5)(F) of this section shall be transmitted to the state treasurer and five dollars shall be deposited in the court security cash fund established pursuant to section 13-1-204, and thirty-eight dollars shall be deposited in the justice center cash fund created in subsection (7)(a) of this section. The remaining balance shall be deposited in the judicial stabilization cash fund created in subsection (6) of this section.

(h.5) [Editor's note: This version of subsection (5)(h.5) is effective July 1, 2027.] Each fee collected pursuant to subsection (1)(c)(III.5)(B), (1)(c)(III.5)(D), or (1)(c)(III.5)(F) of this section shall be transmitted to the state treasurer and thirty-eight dollars shall be deposited in the justice center cash fund created in subsection (7)(a) of this section. The remaining balance shall be deposited in the judicial stabilization cash fund created in subsection (6) of this section.

(i) [Editor's note: This version of the introductory portion to subsection (5)(i) is effective until July 1, 2027.] Each fee collected pursuant to sub-subparagraph (A) of subparagraph (IV) of paragraph (c) of subsection (1) of this section shall be transmitted to the state treasurer and divided as follows:

(i) [Editor's note: This version of the introductory portion to subsection (5)(i) is effective July 1, 2027.] Each fee collected pursuant to subsection (1)(c)(IV)(A) of this section shall be transmitted to the state treasurer and divided as follows:

(I) Repealed.

(II) [Editor's note: This version of subsection (5)(i)(II) is effective until July 1, 2027.] On and after July 1, 2010, fourteen dollars shall be deposited in the judicial stabilization cash fund created in subsection (6) of this section, five dollars shall be deposited in the court security cash fund established pursuant to section 13-1-204, eleven dollars shall be deposited in the justice center cash fund created in paragraph (a) of subsection (7) of this section, and one dollar shall be deposited in the general fund pursuant to section 2-5-119, C.R.S.

(II) [Editor's note: This version of subsection (5)(i)(II) is effective July 1, 2027.] On and after July 1, 2027, fourteen dollars shall be deposited in the judicial stabilization cash fund created in subsection (6) of this section, eleven dollars shall be deposited in the justice center cash fund created in subsection (7)(a) of this section, and one dollar shall be deposited in the general fund pursuant to section 2-5-119.

(j) [Editor's note: This version of the introductory portion to subsection (5)(j) is effective until July 1, 2027.] Each fee collected pursuant to sub-subparagraph (B) of subparagraph (IV) of paragraph (c) of subsection (1) of this section shall be transmitted to the state treasurer and divided as follows:

(j) [Editor's note: This version of the introductory portion to subsection (5)(j) is effective July 1, 2027.] Each fee collected pursuant to subsection (1)(c)(IV)(B) of this section shall be transmitted to the state treasurer and divided as follows:

(I) Repealed.

(II) [Editor's note: This version of subsection (5)(j)(II) is effective until July 1, 2027.] On and after July 1, 2010, ten dollars shall be deposited in the judicial stabilization cash fund created in subsection (6) of this section, five dollars shall be deposited in the court security cash fund established pursuant to section 13-1-204, and eleven dollars shall be deposited in the justice center cash fund created in paragraph (a) of subsection (7) of this section.

(II) [Editor's note: This version of subsection (5)(j)(II) is effective July 1, 2027.] On and after July 1, 2027, ten dollars shall be deposited in the judicial stabilization cash fund created in subsection (6) of this section and eleven dollars shall be deposited in the justice center cash fund created in subsection (7)(a) of this section.

(k) [Editor's note: This version of the introductory portion to subsection (5)(k) is effective until July 1, 2027.] Each fee collected pursuant to sub-subparagraph (C) of subparagraph (IV) of paragraph (c) of subsection (1) of this section shall be transmitted to the state treasurer and divided as follows:

(k) [Editor's note: This version of the introductory portion to subsection (5)(k) is effective July 1, 2027.] Each fee collected pursuant to subsection (1)(c)(IV)(C) of this section shall be transmitted to the state treasurer and divided as follows:

(I) Repealed.

(II) [Editor's note: This version of subsection (5)(k)(II) is effective until July 1, 2027.] On and after July 1, 2010, thirty-eight dollars shall be deposited in the judicial stabilization cash fund created in subsection (6) of this section, five dollars shall be deposited in the court security cash fund established pursuant to section 13-1-204, eleven dollars shall be deposited in the justice center cash fund created in paragraph (a) of subsection (7) of this section, and one dollar shall be deposited in the general fund pursuant to section 2-5-119, C.R.S.

(II) [Editor's note: This version of subsection (5)(k)(II) is effective July 1, 2027.] On and after July 1, 2027, thirty-eight dollars shall be deposited in the judicial stabilization cash fund created in subsection (6) of this section, eleven dollars shall be deposited in the justice center cash fund created in subsection (7)(a) of this section, and one dollar shall be deposited in the general fund pursuant to section 2-5-119.

(l) [Editor's note: This version of the introductory portion to subsection (5)(l) is effective until July 1, 2027.] Each fee collected pursuant to sub-subparagraph (D) of subparagraph (IV) of paragraph (c) of subsection (1) of this section shall be transmitted to the state treasurer and divided as follows:

(l) [Editor's note: This version of the introductory portion to subsection (5)(l) is effective July 1, 2027.] Each fee collected pursuant to subsection (1)(c)(IV)(D) of this section shall be transmitted to the state treasurer and divided as follows:

(I) Repealed.

(II) [Editor's note: This version of subsection (5)(l)(II) is effective until July 1, 2027.] On and after July 1, 2010, twenty-five dollars shall be deposited in the judicial stabilization cash fund created in subsection (6) of this section, five dollars shall be deposited in the court security cash fund established pursuant to section 13-1-204, and eleven dollars shall be deposited in the justice center cash fund created in paragraph (a) of subsection (7) of this section.

(II) [Editor's note: This version of subsection (5)(l)(II) is effective July 1, 2027.] On and after July 1, 2027, twenty-five dollars shall be deposited in the judicial stabilization cash fund created in subsection (6) of this section and eleven dollars shall be deposited in the justice center cash fund created in subsection (7)(a) of this section.

(m) [Editor's note: This version of the introductory portion to subsection (5)(m) is effective until July 1, 2027.] Each fee collected pursuant to sub-subparagraph (E) of subparagraph (IV) of paragraph (c) of subsection (1) of this section shall be transmitted to the state treasurer and divided as follows:

(m) [Editor's note: This version of the introductory portion to subsection (5)(m) is effective July 1, 2027.] Each fee collected pursuant to subsection (1)(c)(IV)(E) of this section shall be transmitted to the state treasurer and divided as follows:

(I) Repealed.

(II) [Editor's note: This version of subsection (5)(m)(II) is effective until July 1, 2027.] On and after July 1, 2010, fifteen dollars shall be deposited in the judicial stabilization cash fund created in subsection (6) of this section, five dollars shall be deposited in the court security cash fund established pursuant to section 13-1-204, and eleven dollars shall be deposited in the justice center cash fund created in paragraph (a) of subsection (7) of this section.

(II) [Editor's note: This version of subsection (5)(m)(II) is effective July 1, 2027.] On and after July 1, 2027, fifteen dollars shall be deposited in the judicial stabilization cash fund created in subsection (6) of this section and eleven dollars shall be deposited in the justice center cash fund created in subsection (7)(a) of this section.

(n) [Editor's note: This version of the introductory portion to subsection (5)(n) is effective until July 1, 2027.] Each fee collected pursuant to sub-subparagraph (F) of subparagraph (IV) of paragraph (c) of subsection (1) of this section shall be transmitted to the state treasurer and divided as follows:

(n) [Editor's note: This version of the introductory portion to subsection (5)(n) is effective July 1, 2027.] Each fee collected pursuant to subsection (1)(c)(IV)(F) of this section shall be transmitted to the state treasurer and divided as follows:

(I) Repealed.

(II) [Editor's note: This version of subsection (5)(n)(II) is effective until July 1, 2027.] On and after July 1, 2010, thirty dollars shall be deposited in the judicial stabilization cash fund created in subsection (6) of this section, five dollars shall be deposited in the court security cash fund established pursuant to section 13-1-204, and eleven dollars shall be deposited in the justice center cash fund created in paragraph (a) of subsection (7) of this section.

(II) [Editor's note: This version of subsection (5)(n)(II) is effective July 1, 2027.] On and after July 1, 2027, thirty dollars shall be deposited in the judicial stabilization cash fund created in subsection (6) of this section and eleven dollars shall be deposited in the justice center cash fund created in subsection (7)(a) of this section.

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

(I) Repealed.

(II) [Editor's note: This version of subsection (5)(o)(II) is effective until July 1, 2027.] On and after January 1, 2019, one hundred sixty-one dollars shall be deposited in the judicial stabilization cash fund created in subsection (6) of this section, five dollars shall be deposited in the court security cash fund established pursuant to section 13-1-204, sixty-eight dollars shall be deposited in the justice center cash fund created in subsection (7)(a) of this section, and one dollar shall be deposited in the general fund pursuant to section 2-5-119.

(II) [Editor's note: This version of subsection (5)(o)(II) is effective July 1, 2027.] On and after July 1, 2027, one hundred sixty-one dollars shall be deposited in the judicial stabilization cash fund created in subsection (6) of this section, sixty-eight dollars shall be deposited in the justice center cash fund created in subsection (7)(a) of this section, and one dollar shall be deposited in the general fund pursuant to section 2-5-119.

(p) [Editor's note: This version of the introductory portion to subsection (5)(p) is effective until July 1, 2027.] Each fee collected pursuant to paragraph (e) of subsection (1) of this section shall be transmitted to the state treasurer and divided as follows:

(p) [Editor's note: This version of the introductory portion to subsection (5)(p) is effective July 1, 2027.] Each fee collected pursuant to subsection (1)(e) of this section shall be transmitted to the state treasurer and divided as follows:

(I) Repealed.

(II) [Editor's note: This version of subsection (5)(p)(II) is effective until July 1, 2027.] On and after July 1, 2010, ninety dollars shall be deposited in the judicial stabilization cash fund created in subsection (6) of this section, five dollars shall be deposited in the court security cash fund established pursuant to section 13-1-204, and sixty-eight dollars shall be deposited in the justice center cash fund created in paragraph (a) of subsection (7) of this section.

(II) [Editor's note: This version of subsection (5)(p)(II) is effective July 1, 2027.] On and after July 1, 2027, ninety dollars shall be deposited in the judicial stabilization cash fund created in subsection (6) of this section and sixty-eight dollars shall be deposited in the justice center cash fund created in subsection (7)(a) of this section.

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

(I) Repealed.

(II) [Editor's note: This version of subsection (5)(q)(II) is effective until July 1, 2027.] On and after January 1, 2019, one hundred nineteen dollars shall be deposited in the judicial stabilization cash fund created in subsection (6) of this section, five dollars shall be deposited in the court security cash fund established pursuant to section 13-1-204, and sixty-eight dollars shall be deposited in the justice center cash fund created in subsection (7)(a) of this section.

(II) [Editor's note: This version of subsection (5)(q)(II) is effective July 1, 2027.] On and after July 1, 2027, one hundred nineteen dollars shall be deposited in the judicial stabilization cash fund created in subsection (6) of this section and sixty-eight dollars shall be deposited in the justice center cash fund created in subsection (7)(a) of this section.

(r) [Editor's note: This version of the introductory portion to subsection (5)(r) is effective until July 1, 2027.] Each fee collected pursuant to paragraph (g) of subsection (1) of this section shall be transmitted to the state treasurer and divided as follows:

(r) [Editor's note: This version of the introductory portion to subsection (5)(r) is effective July 1, 2027.] Each fee collected pursuant to subsection (1)(g) of this section shall be transmitted to the state treasurer and divided as follows:

(I) Repealed.

(II) [Editor's note: This version of subsection (5)(r)(II) is effective until July 1, 2027.] On and after July 1, 2010, one hundred forty-three dollars shall be deposited in the judicial stabilization cash fund created in subsection (6) of this section, five dollars shall be deposited in the court security cash fund established pursuant to section 13-1-204, fifteen dollars shall be deposited in the justice center cash fund created in paragraph (a) of subsection (7) of this section, one dollar shall be deposited in the general fund pursuant to section 2-5-119, C.R.S., and three dollars shall be deposited in the vital statistics records cash fund created in section 25-2-121, C.R.S.

(II) [Editor's note: This version of subsection (5)(r)(II) is effective July 1, 2027.] On and after July 1, 2027, one hundred forty-three dollars shall be deposited in the judicial stabilization cash fund created in subsection (6) of this section, fifteen dollars shall be deposited in the justice center cash fund created in subsection (7)(a) of this section, one dollar shall be deposited in the general fund pursuant to section 2-5-119, and three dollars shall be deposited in the vital statistics records cash fund created in section 25-2-121.

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

(I) Repealed.

(II) On and after July 1, 2010, ninety-five dollars shall be deposited in the judicial stabilization cash fund created in subsection (6) of this section and ten dollars shall be deposited in the justice center cash fund created in paragraph (a) of subsection (7) of this section.

(6) There is hereby created in the state treasury the judicial stabilization cash fund, referred to in this subsection (6) as the "fund", that shall consist of all fees required to be deposited in the fund. The moneys in the fund shall be subject to annual appropriation by the general assembly for the expenses of trial courts in the judicial department. Any moneys in the fund not expended for the purpose of this subsection (6) may be invested by the state treasurer as provided in section 24-36-113, C.R.S. All interest and income derived from the investment and deposit of moneys in the fund shall be credited to the fund. Any unexpended and unencumbered moneys remaining in the fund at the end of any fiscal year shall remain in the fund and shall not be credited or transferred to the general fund or any other fund.

(7) (a) There is hereby created in the state treasury the justice center cash fund, referred to in this subsection (7) as the "fund", that shall consist of all fees required by law to be deposited in the fund and any lease payments received by the judicial department from agencies occupying the state justice center. The money in the fund shall be subject to annual appropriation by the general assembly for the expenses related to the design, construction, maintenance, operation, and interim accommodations for the state justice center, including but not limited to payments on any financed purchase of an asset or certificate of participation agreements entered into pursuant to the provisions of section 2 of Senate Bill 08-206, as enacted at the second regular session of the sixty-sixth general assembly, collectively referred to in this subsection (7) as "financed purchase of an asset or certificate of participation agreements". Any money in the fund not expended for the purpose of this subsection (7) may be invested by the state treasurer as provided in section 24-36-113. All interest and income derived from the investment and deposit of money in the fund shall be credited to the fund. Any unexpended and unencumbered money 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.

(b) (I) The general assembly hereby finds and declares:

(A) The state judicial department is in need of additional space;

(B) The state museum and the offices of the state historical society occupy a building on the same block at Fourteenth avenue and Broadway as the current offices of the Colorado supreme court, the Colorado court of appeals, and the supreme court library;

(C) By building a new facility on the entire block at Fourteenth avenue and Broadway, the judicial department will consolidate its offices into a single location and the state judicial department will operate more efficiently and cost-effectively; and

(D) It is appropriate for the judicial department to pay the state museum and the state historical society for its building and for vacating its current location at Fourteenth avenue and Broadway and to assist in relocation expenses so that the entire block is available for use by the state judicial department.

(II) Repealed.

(III) The general assembly further finds and declares that it is not the general assembly's intent that the judicial department artificially raise the fees that are required by law to be deposited in the fund in order to increase the amount of money appropriated from the fund to the maintenance fund created in subsection (7)(d) of this section.

(c) (I) For the fiscal year commencing July 1, 2014, and each fiscal year thereafter so long as there are any payments due under any financed purchase of an asset or certificate of participation agreements, the executive director of the department of personnel shall calculate the net savings to the state by locating the department of law and any other executive branch agency in the new state justice center.

(II) For the fiscal year commencing July 1, 2014, and each year thereafter so long as there are payments due on any financed purchase of an asset or certificate of participation agreements, the general assembly shall appropriate from the general fund to the fund the amount of savings calculated by the executive director of the department of personnel pursuant to subsection (7)(c)(I) of this section. Any money received in the fund pursuant to this subsection (7)(c) shall be used to prepay any obligations due pursuant to any financed purchase of an asset or certificate of participation agreement.

(d) (I) The justice center maintenance fund is hereby created in the state treasury and referred to in this subsection (7)(d) as the "maintenance fund". The maintenance fund consists of money annually appropriated by the general assembly to the maintenance fund from the justice center cash fund and any other money that the general assembly may appropriate or transfer to the fund. The amount appropriated to the maintenance fund from the justice center cash fund must be equal to the amount described in subsection (7)(d)(II) of this section. The state treasurer shall credit all interest and income derived from the deposit and investment of money in the maintenance fund to the maintenance fund. Subject to annual appropriation by the general assembly and subject to capital development review of any controlled maintenance needs that the committee would typically review for state-funded projects, money from the maintenance fund may be expended for controlled maintenance needs of the Ralph L. Carr Colorado judicial center.

(II) Current and projected appropriations to the maintenance fund from the justice center cash fund should be sufficient to pay for current and projected controlled maintenance needs for the Ralph L. Carr Colorado judicial center as outlined in the report required in subsection (7)(d)(IV) of this section, taking into account any projected interest earnings on the maintenance fund.

(III) For purposes of this subsection (7)(d), "controlled maintenance" has the same meaning as set forth in section 24-30-1301 (4); except that it may include any maintenance needs that would ordinarily be funded in the judicial department's operating budget and it may include information technology equipment to support network operations, such as servers or uninterruptible power supply units, or to regulate or control building systems, such as lighting or HVAC.

(IV) The judicial department shall provide a written report to the joint budget committee and the capital development committee on November 1, 2018, and each November 1 thereafter, that documents expenditures that have been made from the maintenance fund and that documents projected future expenditures from the maintenance fund over a twenty-year term, or such other term as requested by the capital development committee and the joint budget committee. Notwithstanding section 24-1-136 (11)(a), the reporting requirement specified in this subsection (7)(d)(IV) continues indefinitely.

(8) At the time of filing a motion pursuant to section 19-4-107.3 or 14-10-122 (6), C.R.S., seeking to set aside a final or permanent order concerning parentage based upon DNA evidence establishing the exclusion of the petitioner as the biological father of a child, or to terminate an order requiring the petitioner to pay child support for that child, the petitioner shall pay a fee of seventy dollars. The fee collected pursuant to this subsection (8) shall be transmitted to the state treasurer for deposit in the judicial stabilization cash fund created in subsection (6) of this section.

(9) Beginning January 1, 2025, the court shall collect the equal justice fee on filings specified in subsection (1) of this section in the amount of thirty dollars on civil actions filed in district court and ten dollars on civil actions filed in county court, except for filings in small claims court, on behalf of the equal justice authority and transmit the equal justice fee in the manner specified in section 13-5.7-205 (2).

(10) [Editor's note: Subsection (10) is effective July 1, 2027.] Beginning July 1, 2027, the court shall collect, on behalf of the court security authority, the court security surcharge described in section 13-1-505 on filings specified in subsection (1) of this section in the amount of ten dollars on civil actions filed in district court and ten dollars on civil actions filed in county court. The court shall transmit the court security surcharge in the manner specified in section 13-1-505 (2).

Source: L. 21: p. 227, § 1. C.L. § 7873. L. 23: p. 249, § 1. CSA: C. 66, § 4. L. 47: p. 456, § 1. CRS 53: § 56-5-1. L. 58: pp. 241, 249, §§ 6, 19, 20. L. 60: p. 144, § 2. L. 61: p. 384, § 1. C.R.S. 1963: § 56-5-1. L. 64: p. 463, § 4. L. 67: p. 991, § 1. L. 69: p. 388, §§ 3, 4. L. 72: p. 598, § 84. L. 73: p. 1405, §§ 41, 42. L. 75: (1)(c) amended, p. 579, § 1, effective July 1; (1)(d) amended, p. 581, § 1, effective July 1; (2) amended, p. 924, § 17, effective July 1; (2) amended, p. 209, § 22, effective July 16. L. 76: (1)(c) amended, p. 302, § 31, effective May 20; (1)(c) amended, p. 520, § 2, effective October 1. L. 79: (4) amended, p. 621, § 1, effective June 1; (4)(a) and IP(4)(b) amended, p. 600, § 22, effective July 1. L. 80: (4) amended, p. 515, § 1, effective January 29. L. 81: (1)(c) amended, p. 2031, § 43, effective July 14. L. 82: (1)(c) amended, p. 294, § 1, effective July 1; (1)(d) amended, p. 295, § 1, effective July 1. L. 83: (1)(c) amended, p. 2047, § 3, effective October 14. L. 84: (1)(a), (1)(b), and (1)(f) amended, p. 455, § 6, effective July 1. L. 87: (1)(a), (1)(b), (1)(c)(I), (1)(d), and (1)(f) amended, p. 562, § 4, effective July 1; (1)(c)(II) amended, p. 544, § 3, effective July 1. L. 90: (1)(c)(I) amended and (1)(c)(II) R&RE, p. 851, §§ 12, 13, effective May 31; (1)(c)(I) amended and (1)(c)(II) R&RE, p. 856, §§ 5, 6, effective July 1. L. 91: (1)(a), (1)(c)(I), and (1)(d) amended and (1)(a.5) and (5) added, pp. 386, 379, §§ 1, 3, effective July 1. L. 92: (1)(a.5)(I) amended, p. 218, § 23, effective August 1. L. 94: (1)(a.5) amended, p. 1691, § 1, effective July 1. L. 95: (1)(a), (1)(b), (1)(d), (1)(f), and (5) amended, p. 740, § 2, effective July 1; (1)(c)(II)(D) and (1)(c)(III) added, pp. 728, 729, §§ 2, 3, effective January 1, 1996. L. 98: (1)(a.5)(III) added by revision, pp. 767, 769, §§ 18, 23. L. 99: (1)(a.5) amended, p. 1084, § 1, effective July 1. L. 2000: (1)(a) amended, p. 1571, § 9, effective July 1; (2) amended, p. 1832, § 4, effective January 1, 2001. L. 2001: (1)(a) amended, p. 741, § 6, effective June 1; (1)(c)(I), (1)(c)(II), and (1)(c)(III) amended, pp. 1518, 1516, §§ 12, 10, effective September 1. L. 2002: (1)(a) amended, p. 529, § 3, effective May 24; (6) added, p. 671, § 1, effective May 28. L. 2003: (1)(a) amended, p. 386, § 2, effective March 5; (1)(a), (1)(b), (1)(c), (1)(d), (1)(f), and (5) amended and (1.5) added, p. 568, § 1, effective March 18. L. 2004: (1)(a) amended, p. 1555, § 4, effective May 28. L. 2007: (7) added, p. 1268, § 2, effective May 25; (1)(a), (1)(b), (1)(c), (1)(d), (1)(f), (2), and (5) amended, p. 1530, § 19, effective May 31. L. 2008: Entire section amended, p. 2114, § 7, effective June 4; (8) added, p. 1658, § 5, effective August 15. L. 2009: (1)(a), (1)(b), (5)(a)(VII), (5)(a)(VIII), and (5)(b) amended and (5)(a)(IX) and (5)(a)(X) added, (SB 09-068), ch. 264, p. 1210, § 4, effective July 1; (1)(c)(III)(C) repealed, (SB 09-038), ch. 119, p. 498, § 1, effective July 1. L. 2013: (1)(a.5) and (1)(b.5) added and IP(5)(a), (5)(a)(VII), and IP(5)(b) amended, (SB 13-011), ch. 49, pp. 160, 161, §§ 8, 9, effective May 1; (7)(c) amended, (HB 13-1300), ch. 316, p. 1674, § 33, effective August 7. L. 2015: (7)(b)(II) repealed, (SB 15-264), ch. 259, p. 949, § 30, effective August 5. L. 2018: (7)(b)(III) and (7)(d) added, (SB 18-267), ch. 407, p. 2392, § 1, effective August 8; IP(1)(c)(III), (1)(c)(III)(A), (1)(c)(III)(B), (5)(g), and (5)(h) repealed, (1)(c)(III.5), (5)(g.5), and (5)(h.5) added, (1)(d), (1)(f), IP(5)(o), (5)(o)(II), IP(5)(q), and (5)(q)(II) amended, (SB 18-056), ch. 298, p. 1817, § 3, effective January 1, 2019; (1)(c)(III)(D), (5)(g)(II), and (5)(h)(II) added by revision, (SB 18-056), ch. 298, pp. 1817, 1820, §§ 3, 5. L. 2021: (7)(a) and (7)(c) amended, (HB 21-1316), ch. 325, p. 1999, § 9, effective July 1; IP(5)(a) and (5)(a)(I) amended, (HB 21-1248), ch. 335, p. 2167, § 2, effective September 7. L. 2022: (5)(a)(I) amended, (HB 22-1295), ch. 123, p. 828, § 27, effective July 1. L. 2024: (9) added, (HB 24-1286), ch. 339, p. 2297, § 4, effective June 3; IP(1)(c)(III.5) amended and (1)(c)(V) added, (HB 24-1099), ch. 379, p. 2569, § 1, effective November 1. L. 2026: (1), IP(5)(b), (5)(b)(II), (5)(g.5), (5)(h.5), IP(5)(i), (5)(i)(II), IP(5)(j), (5)(j)(II), IP(5)(k), (5)(k)(II), IP(5)(l), (5)(l)(II), IP(5)(m), (5)(m)(II), IP(5)(n), (5)(n)(II), (5)(o)(II), IP(5)(p), (5)(p)(II), (5)(q)(II), IP(5)(r), and (5)(r)(II) amended and (10) added, (HB 26-1422), ch. 331, p. 1948, § 19, effective July 1, 2027; (5)(a)(IV)(B) added by revision, (HB 26-1422), ch. 331, pp. 1948, 1962, §§ 19, 32.

Editor's note: (1) Amendments to subsection (2) by Senate Bill 75-135 and Senate Bill 75-453 were harmonized. Amendments to subsection (4) by House Bill 79-1568 were harmonized in part with and superseded in part by House Bill 79-1206. Amendments to subsection (1)(a) by Senate Bill 03-172 and Senate Bill 03-186 were harmonized. Amendments to this section by Senate Bill 08-206 and Senate Bill 08-183 were harmonized.

(2) Subsection (1)(a.5)(III) provided for the repeal of subsection (1)(a.5), effective January 1, 2001. (See L. 99, p. 1084.)

(3) Subsection (1)(c)(I)(C) provided for the repeal of subsection (1)(c)(I), effective July 1, 2009. (See L. 2008, p. 2114.)

(4) Subsection (5)(c)(II) provided for the repeal of subsection (5)(c), effective July 1, 2009. (See L. 2008, p. 2114.)

(5) Subsections (1)(c)(II)(C), (5)(d)(II), (5)(e)(II), and (5)(f)(II) provided for the repeal of subsections (1)(c)(II), (5)(d), (5)(e), and (5)(f), respectively, effective July 1, 2010. (See L. 2008, p. 2114.)

(6) Subsections (5)(b)(I)(B), (5)(i)(I)(B), (5)(j)(I)(B), (5)(k)(I)(B), (5)(l)(I)(B), (5)(m)(I)(B), (5)(n)(I)(B), (5)(o)(I)(B), (5)(p)(I)(B), (5)(q)(I)(B), (5)(r)(I)(B), and (5)(s)(I)(B) provided for the repeal of subsections (5)(b)(I), (5)(i)(I), (5)(j)(I), (5)(k)(I), (5)(l)(I), (5)(m)(I), (5)(n)(I), (5)(o)(I), (5)(p)(I), (5)(q)(I), (5)(r)(I), and (5)(s)(I), respectively, effective July 1, 2011. (See L. 2008, p. 2114.)

(7) Subsections (1)(c)(III)(D), (5)(g)(II), and (5)(h)(II) provided for the repeal of subsections (1)(c)(III), (5)(g), and (5)(h), respectively, effective January 1, 2019. (See L. 2018, pp. 1817, 1820.)

Cross references: (1) For the additional fee assessed against the petitioner of a dissolution of marriage action and deposited in the displaced homemakers fund, see § 14-10-120.5.

(2) For the legislative declaration contained in the 1990 act amending subsections (1)(c)(I) and (1)(c)(II), see section 1 of chapter 100, Session Laws of Colorado 1990. For the legislative declaration contained in the 2008 act amending this section, see section 1 of chapter 417, Session Laws of Colorado 2008. For the legislative declaration in HB 24-1286, see section 1 of chapter 339, Session Laws of Colorado 2024.

ANNOTATION

Law reviews. For article, "Expediting Court Procedure", see 10 Dicta 113 (1933). For article, "Obtaining Costs for Clients — Part 1", see 14 Colo. Law. 1974 (1985). For article, "Significant Changes to Landlord-Tenant Law in 2024", see 53 Colo. Law. 48 (Dec. 2024).

The purpose of this section was to make the clerk's fees payable in a lump sum in each suit and chargeable in that manner, instead of in itemized detail as previously. Newitt v. Bd. of Comm'rs, 80 Colo. 109, 249 P. 269 (1926).

For necessary docket fee in appeal from justice court to county court, see Bullington v. Root, 102 Colo. 268, 78 P.2d 628 (1938).

The conditions for assessment of the additional fee were met where, after a jury trial, a monetary judgment was entered which was paid in part through a negotiated settlement. The fact that the judgment was vacated does not alter that it was so entered for purposes of such assessment. Cabot v. Colo. Charter Lines, Inc., 776 P.2d 1151 (Colo. App. 1989).

A claim that is accompanied by an insufficient funds check for payment of fees is not considered filed for purposes of the statute of limitations. The claim is not considered filed until the filing fee is actually paid. Broker House Int'l, Ltd. v. Bendelow, 952 P.2d 860 (Colo. App. 1998).

Applied in Carls Constr., Inc. v. Gigliotti, 40 Colo. App. 535, 577 P.2d 1107 (1978); Ford v. Bd. of County Comm'rs, 677 P.2d 358 (Colo. App. 1983).