§ 13-10-111 — Commencement of actions - process

Colorado § 13-10-111

• Jurisdiction: Colorado
• Title 13: Courts
• Art.: Municipal Courts

Text

(1) Any action or summons
brought in any municipal court to recover any fine or enforce any penalty or
forfeiture under any ordinance shall be filed in the corporate name of the
municipality in which the court is located by and on behalf of the people of the state
of Colorado.

(2) Any process issued from a municipal court runs in the corporate name of
the municipality by and on behalf of the people of the state of Colorado. Processes
from any municipal court shall be executed by any authorized law enforcement
officer from the municipality in which the court is located.

(3) Any authorized law enforcement officer may execute within such
officer's jurisdiction any summons, process, writ, or warrant issued by a municipal
court from another jurisdiction arising under the ordinances of such municipality for
an offense which is criminal or quasi-criminal. For the purposes of this subsection
(3), traffic offenses shall not be considered criminal or quasi-criminal offenses
unless penalty points may be assessed under section 42-2-127 (5)(a) to (5)(cc),
C.R.S. The issuing municipality shall be liable for and pay all costs, including costs
of service or incarceration incurred in connection with such service or execution.

(4) The clerk of the municipal court shall issue a subpoena for the
appearance of any witness in municipal court upon the request of either the
prosecuting municipality or the defendant. The subpoena may be served upon any
person within the jurisdiction of the court in the manner prescribed by the rules of
procedure applicable to municipal courts. Any person subpoenaed to appear as a
witness in municipal court shall be paid a witness fee in the amount of five dollars.

(5) Upon the request of the municipal court, the prosecuting municipality, or
the defendant, the clerk of the municipal court shall issue a subpoena for the
appearance, at any and all stages of the court's proceedings, of the parent,
guardian, or lawful custodian of any child under eighteen years of age who is
charged with a municipal offense. Whenever a person who is issued a subpoena
pursuant to this subsection (5) fails, without good cause, to appear, the court may
issue an order for the person to show cause to the court as to why the person
should not be held in contempt. Following a show cause hearing, the court may
make findings of fact and conclusions of law and may enter an appropriate order,
which may include finding the person in contempt.

Legislative History

Source: L. 69: p. 275, � 1. C.R.S. 1963: � 37-22-9. L. 77: (3) amended, p. 793, � 3, effective June 3. L. 78: (3) amended, p. 262, � 45, effective May 23. L. 81: (5) added, p. 882, � 1, effective April 30. L. 94: (5) amended, p. 909, � 3, effective April 28; (3) amended, p. 2549, � 32, effective January 1, 1995.