Docket fees in special proceedings.

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(1) (a) 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.

(b) Each fee collected pursuant to paragraph (a) of this subsection (1) shall be transmitted to the state treasurer and divided as follows:

  1. Repealed.

  2. 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).

(2) (a) 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.

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

  1. Repealed.

  2. 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).

  1. (a) 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.

(b) Each fee collected pursuant to paragraph (a) of this subsection (3) shall be transmitted to the state treasurer and divided as follows:

  1. Repealed.

  2. On and after July 1, 2010, one hundred fifty dollars shall be deposited in the judicialstabilization 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.

  1. This section shall not apply to the fee charged for filing the record of any birth ordeath or changes in any certificate thereof.

  2. In cases of domestic abuse pursuant to article 4 of title 14, C.R.S., the plaintiff shallnot 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.

  3. (a) 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.

(b) Each fee collected pursuant to paragraph (a) of this subsection (6) shall be transmitted to the state treasurer and divided as follows:

  1. Repealed.

  2. 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).

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

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.

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.


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