Colorado § 13-6-105 - Specific limits on civil jurisdiction.

§ 13-6-105. Specific limits on civil jurisdiction.

(1) The county court has no civil jurisdiction except the jurisdiction that is specifically conferred upon it by law. In particular, the county court has no jurisdiction over the following matters:

(a) Matters of probate;

(b) Matters of mental health, including certification, restoration to competence, and the appointment of conservators;

(c) Matters of dissolution of marriage, declaration of invalidity of marriage, and legal separation;

(d) Matters affecting children, including the allocation of parental responsibilities, support, guardianship, adoption, dependency, or delinquency;

(e) Matters affecting boundaries or title to real property;

(f) Original proceedings for the issuance of injunctions, except:

(I) As provided in sections 13-6-104 (5), 38-12-507, and 38-12-510;

(II) As required to enforce restrictive covenants on residential property and to enforce section 6-1-702.5;

(II.5) As provided in sections 30-15-401, 30-28-124, and 30-28-209; and

(III) As otherwise specifically authorized in this article 6 or, if there is no authorization, by rule of the Colorado supreme court.

(2) Any powers or duties previously placed in the county court by law in connection with any of the matters excluded from the jurisdiction of the county court by this section are transferred to the district court or, if within their jurisdiction, to the probate court of the city and county of Denver or the juvenile court of the city and county of Denver, and the statutes relating thereto shall be so construed.

(3) Nothing in this section shall be deemed to prevent the appointment of county judges as magistrates in juvenile matters or as magistrates in mental health and other matters. Appointments of county judges as magistrates in mental health and other matters are authorized, and, when so appointed by the district judge, the county judge shall serve as a district court officer for the designated purposes.

Source: L. 64: p. 410, § 5. C.R.S. 1963: § 37-13-5. L. 78: (1)(f) amended, p. 353, § 2, effective April 21. L. 79: (1)(f) amended, p. 599, § 14, effective July 1; (3) amended, p. 963, § 12, effective July 1. L. 88: (1)(f) amended, p. 601, § 1, effective July 1. L. 91: (3) amended, p. 356, § 8, effective April 9. L. 98: (1)(d) amended, p. 1392, § 24, effective February 1, 1999. L. 2000: (1)(f) amended, p. 2034, § 2, effective August 2. L. 2008: (1)(f) amended, p. 596, § 4, effective August 5. L. 2019: IP(1) and (1)(f) amended, (HB 19-1170), ch. 229, p. 2305, § 1, effective August 2. L. 2020: (1)(b) amended, (SB 20-136), ch. 70, p. 282, § 3, effective September 14. L. 2024: (1)(f)(I) amended, (SB 24-094), ch. 158, p. 729, § 13, effective May 3. L. 2026: IP(1) and (1)(f)(II) amended and (1)(f)(II.5) added, (HB 26-1239), ch. 207, p. 1175, § 1, effective August 12.

Cross references: For the legislative declaration in SB 20-136, see section 1 of chapter 70, Session Laws of Colorado 2020.

ANNOTATION

Specific exclusions to county court jurisdiction are found in this section. The jurisdiction of the newly created county courts was defined and specific exclusions were mentioned in this section. Rowland v. Theobald, 159 Colo. 1, 409 P.2d 272 (1965).

Election disputes are not withdrawn from county court jurisdiction. Six classifications of legal matters are expressly mentioned with reference to which the county court shall have no jurisdiction. Nothing concerning election disputes is withdrawn from consideration by the county courts by these expressed exclusions. Rowland v. Theobald, 159 Colo. 1, 409 P.2d 272 (1965).

County court forced entry and detainer judgment not dispositive of subsequent property ownership question. Because county courts are specifically precluded from deciding any matters affecting title to real property, judgment entered in a county court forced entry and detainer action cannot be dispositive of the property ownership question in a subsequent quiet title action. Gore Trading Co. v. Alice, 35 Colo. App. 97, 529 P.2d 324 (1974).

Section not applicable to decrees of specific performance. In interpreting the reference in this section to "injunctions", presumption is that the general assembly was aware of the legal distinction between injunctions and specific performance decrees. Therefore, subsection (1)(f), which limits a county court's power to issue injunctions, does not limit the court's power to issue decrees of specific performance, and C.R.C.P. 370 properly may be read with the understanding that county courts have jurisdiction to issue decrees of specific performance. Snyder v. Sullivan, 705 P.2d 510 (Colo. 1985).