Colorado § 13-32-103 - Docket fees in special proceedings.

§ 13-32-103. Docket fees in special proceedings.

(1) (a) [Editor's note: This version of subsection (1)(a) is effective until July 1, 2027.] On and after July 1, 2008, if an appeal is taken from a judgment of a county court in a criminal matter or from a judgment of a municipal court, the appellant shall pay a docket fee of seventy dollars. Such an appeal shall not be subject to the tax imposed by section 2-5-119, C.R.S., for the use of the committee on legal services.

(1) (a) [Editor's note: This version of subsection (1)(a) is effective July 1, 2027.] If an appeal is taken from a judgment of a county court in a criminal matter or from a judgment of a municipal court, the appellant shall pay a docket fee of sixty-five dollars. The appeal is not subject to the tax imposed by section 2-5-119 for the use of the committee on legal services.

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

(b) [Editor's note: This version of the introductory portion to subsection (1)(b) is effective July 1, 2027.] Each fee collected pursuant to subsection (1)(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(I) Repealed.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 (1)(b)(II) is effective until July 1, 2027.] On and after July 1, 2010, forty-five dollars shall be deposited in the judicial stabilization cash fund created in section 13-32-101 (6), five dollars shall be deposited in the court security cash fund established pursuant to section 13-1-204, and twenty dollars shall be deposited in the justice center cash fund created in section 13-32-101 (7)(a).

(II) [Editor's note: This version of subsection (1)(b)(II) is effective July 1, 2027.] On and after July 1, 2027, forty-five dollars shall be deposited in the judicial stabilization cash fund created in section 13-32-101 (6) and twenty dollars shall be deposited in the justice center cash fund created in section 13-32-101 (7)(a).

(2) (a) [Editor's note: This version of subsection (2)(a) is effective until July 1, 2027.] On and after July 1, 2008, in cases where a motion to dismiss for failure to file a complaint is filed, the defendant shall pay a docket fee of fifty-five dollars.

(2) (a) [Editor's note: This version of subsection (2)(a) is effective July 1, 2027.] On and after July 1, 2027, in cases where a motion to dismiss for failure to file a complaint is filed, the defendant shall pay a docket fee of fifty dollars.

(b) [Editor's note: This version of the introductory portion to subsection (2)(b) is effective until July 1, 2027.] Each fee collected pursuant to paragraph (a) of this subsection (2) shall be transmitted to the state treasurer and divided as follows:

(b) [Editor's note: This version of the introductory portion to subsection (2)(b) is effective July 1, 2027.] Each fee collected pursuant to subsection (2)(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 (2)(b)(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 section 13-32-101 (6), five dollars shall be deposited in the court security cash fund established pursuant to section 13-1-204, and twenty dollars shall be deposited in the justice center cash fund created in section 13-32-101 (7)(a).

(II) [Editor's note: This version of subsection (2)(b)(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 section 13-32-101 (6) and twenty dollars shall be deposited in the justice center cash fund created in section 13-32-101 (7)(a).

(3) (a) [Editor's note: This version of subsection (3)(a) is effective until July 1, 2027.] On and after July 1, 2008, in cases where a motion to authorize a sale in accordance with the provisions of rule 120, Colorado rules of civil procedure, is filed, the applicant shall pay a docket fee of two hundred twenty-four dollars.

(3) (a) [Editor's note: This version of subsection (3)(a) is effective July 1, 2027.] On and after July 1, 2027, in cases where a motion to authorize a sale in accordance with the provisions of rule 120, Colorado rules of civil procedure, is filed, the applicant shall pay a docket fee of two hundred nineteen dollars.

(b) [Editor's note: This version of the introductory portion to subsection (3)(b) is effective until July 1, 2027.] Each fee collected pursuant to paragraph (a) of this subsection (3) shall be transmitted to the state treasurer and divided as follows:

(b) [Editor's note: This version of the introductory portion to subsection (3)(b) is effective July 1, 2027.] Each fee collected pursuant to subsection (3)(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 (3)(b)(II) is effective until July 1, 2027.] On and after July 1, 2010, one hundred fifty dollars shall be deposited in the judicial stabilization cash fund created in section 13-32-101 (6), 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 section 13-32-101 (7)(a), 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 (3)(b)(II) is effective July 1, 2027.] On and after July 1, 2027, one hundred fifty dollars shall be deposited in the judicial stabilization cash fund created in section 13-32-101 (6), sixty-eight dollars shall be deposited in the justice center cash fund created in section 13-32-101 (7)(a), and one dollar shall be deposited in the general fund pursuant to section 2-5-119.

(4) This section shall not apply to the fee charged for filing the record of any birth or death or changes in any certificate thereof.

(5) [Editor's note: This version of subsection (5) is effective until July 1, 2027.] In cases of domestic abuse pursuant to article 4 of title 14, C.R.S., the plaintiff shall not be required to pay the docket fee set forth in section 13-32-101. At the first hearing held in connection with the action, the court shall set a date for payment of the docket fee unless the court determines that the plaintiff is unable to pay the docket fee pursuant to section 13-16-103.

(5) [Editor's note: This version of subsection (5) is effective July 1, 2027.] In cases of domestic abuse pursuant to article 4 of title 14, the plaintiff shall not be required to pay the docket fee set forth in section 13-32-101 or the court security surcharge described in section 13-1-505. At the first hearing held in connection with the action, the court shall set a date for payment of the docket fee and surcharge unless the court determines that the plaintiff is unable to pay the docket fee and surcharge pursuant to section 13-16-103.

(6) (a) [Editor's note: This version of subsection (6)(a) is effective until July 1, 2027.] On and after July 1, 2008, in any supplemental proceeding held pursuant to rule 69, Colorado rules of civil procedure, or rule 369, Colorado rules of county court civil procedure, the judgment creditor, upon commencement of the proceeding, shall pay a docket fee of seventy dollars.

(6) (a) [Editor's note: This version of subsection (6)(a) is effective July 1, 2027.] In any supplemental proceeding held pursuant to rule 69, Colorado rules of civil procedure, or rule 369, Colorado rules of county court civil procedure, the judgment creditor, upon commencement of the proceeding, shall pay a docket fee of sixty-five dollars.

(b) [Editor's note: This version of the introductory portion to subsection (6)(b) is effective until July 1, 2027.] Each fee collected pursuant to paragraph (a) of this subsection (6) shall be transmitted to the state treasurer and divided as follows:

(b) [Editor's note: This version of the introductory portion to subsection (6)(b) is effective July 1, 2027.] Each fee collected pursuant to subsection (6)(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 (6)(b)(II) is effective until July 1, 2027.] On and after July 1, 2010, forty-five dollars shall be deposited in the judicial stabilization cash fund created in section 13-32-101 (6), five dollars shall be deposited in the court security cash fund established pursuant to section 13-1-204, and twenty dollars shall be deposited in the justice center cash fund created in section 13-32-101 (7)(a).

(II) [Editor's note: This version of subsection (6)(b)(II) is effective July 1, 2027.] On and after July 1, 2027, forty-five dollars shall be deposited in the judicial stabilization cash fund created in section 13-32-101 (6) and twenty dollars shall be deposited in the justice center cash fund created in section 13-32-101 (7)(a).

(7) (Deleted by amendment, L. 2008, p. 2134, § 9, effective June 4, 2008.)

(8) [Editor's note: Subsection (8) 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 each filing specified in subsections (1), (2), (3), and (6) of this section in the amount of ten dollars. The court shall transmit the court security surcharge in the manner specified in section 13-1-505 (2).

Source: L. 21: p. 229, § 2. C.L. § 7874. CSA: C. 66, § 5. L. 47: p. 457, § 2. CRS 53: § 56-5-3. L. 58: pp. 245, 249, §§ 9, 19, 20. C.R.S. 1963: § 56-5-3. L. 64: p. 467, §§ 6, 8. L. 79: (1) amended, p. 600, § 23, effective July 1. L. 84: (1) and (3) amended, p. 456, § 8, effective July 1. L. 91: (5) and (6) added, pp. 239, 380, §§ 2, 5, effective July 1. L. 91, 2nd Ex. Sess.: (6) amended, p. 7, § 1, effective October 7. L. 95: (3) amended, p. 741, § 4, effective July 1, 1997. L. 2003: (1), (2), (3), and (6) amended, p. 571, § 3, effective March 18. L. 2007: (7) added, p. 1268, § 4, effective May 25; (1), (2), (3), and (6) amended, p. 1534, § 21, effective May 31. L. 2008: (1), (2), (3), (6), and (7) amended, p. 2134, § 9, effective June 4. L. 2026: (1)(a), IP(1)(b), (1)(b)(II), (2)(a), IP(2)(b), (2)(b)(II), (3)(a), IP(3)(b), (3)(b)(II), (5), (6)(a), IP(6)(b), and (6)(b)(II) amended and (8) added, (HB 26-1422), ch. 331, p. 1957, § 21, effective July 1, 2027.

Editor's note: Subsections (1)(b)(I)(B), (2)(b)(I)(B), (3)(b)(I)(B), and (6)(b)(I)(B) provided for the repeal of subsections (1)(b)(I), (2)(b)(I), (3)(b)(I), and (6)(b)(I), respectively, effective July 1, 2011. (See L. 2008, p. 2134.)

Cross references: For the legislative declaration contained in the 2008 act amending subsections (1), (2), (3), (6), and (7), see section 1 of chapter 417, Session Laws of Colorado 2008.