Colorado § 13-16-101 Security for costs

Colorado Statutes

§ 13-16-101 — Security for costs

Colorado·Title 13 Courts·Art. Costs - Civil Actions

(1)In all actions on official bonds for the use of any persons, actions on the bonds of executors, administrators, or guardians, and qui tam actions on any penal statute, the person or plaintiff for whose use the action is to be commenced, before he or she institutes such suit, shall file or cause to be filed with the clerk of the court in which the action is to be commenced an instrument in writing as described in subsection (3) of this section for security for the payment of costs of suit.

(2)In all cases in law and equity where the plaintiff, or the person for whose use an action is to be commenced, is not a resident of this state, upon motion of the defendant or any officer of the court pursuant to section 13-16-102, the court may require the nonresident plaintiff to give a

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(1) In all actions on official bonds for the use
of any persons, actions on the bonds of executors, administrators, or guardians, and
qui tam actions on any penal statute, the person or plaintiff for whose use the
action is to be commenced, before he or she institutes such suit, shall file or cause
to be filed with the clerk of the court in which the action is to be commenced an
instrument in writing as described in subsection (3) of this section for security for
the payment of costs of suit.

(2) In all cases in law and equity where the plaintiff, or the person for whose
use an action is to be commenced, is not a resident of this state, upon motion of the
defendant or any officer of the court pursuant to section 13-16-102, the court may
require the nonresident plaintiff to give an instrument in writing for the payment of
costs of suit as described in subsection (3) of this section; except that, to ensure
that access to the courts is not unreasonably denied, a court shall not require an
instrument in writing for the payment of costs of suit in excess of five thousand
dollars.

(3) As used in this section and section 13-16-102, instrument in writing
means an instrument in writing of some responsible person, being a resident of this
state, to be approved by the clerk, whereby such person shall acknowledge himself
or herself bound to pay, or cause to be paid, all costs which may accrue in such
action either to the opposite party or to any of the officers of such courts, which
instrument may be in form as follows:

A. B. )

vs. ) .......... Court.

C. D. )

I do hereby enter myself security for costs in this case, and acknowledge
myself bound to pay, or cause to be paid, all costs which may accrue in this action,
either to the opposite party or to any of the officers of this court pursuant to the
laws of this state.

..............................................................

Dated this ........ day of ........, 20.. .

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Legislative History

Source: R.S. p. 153, � 1. G.L. � 323. G.S. � 397. R.S. 08: � 1064. C.L. � 6580. CSA: C. 43, � 10. CRS 53: � 33-1-1. C.R.S. 1963: � 33-1-1. L. 2009: Entire section amended, (HB 09-1305), ch. 311, p. 1690, � 1, effective September 1.