§ 13-10-114 — Trial by jury

Colorado § 13-10-114

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

Text

(1) In any action before municipal court in which the
defendant is entitled to a jury trial by the constitution or the general laws of the
state, such party shall have a jury upon request. The jury shall consist of three
jurors unless, in the case of a trial for a petty offense, a greater number, not to
exceed six, is requested by the defendant.

(2) In municipalities having less than five thousand population, juries may be
summoned by the issuance of venire to a police officer or marshal. In municipalities
having a population of five thousand or more, juries shall be selected from a jury list
as is provided for courts of record.

(3) Jurors shall be paid the sum of six dollars per day for actual jury service
and three dollars for each day of service on the jury panel alone; except that the
governing body of a municipality may, by resolution or ordinance, set higher or
lower fees for attending its municipal court.

(4) For the purposes of this section, a defendant waives his or her right to a
jury trial under subsection (1) of this section unless, within twenty-one days after
entry of a plea, the defendant makes a request to the court for a jury trial, in
writing, and tenders to the court a fee of twenty-five dollars, unless the fee is
waived by the judge because of the indigence of the defendant. If the action is
dismissed or the defendant is acquitted of the charge, or if the defendant having
paid the jury fee files with the court at least seven days before the scheduled trial
date a written waiver of jury trial, the jury fee shall be refunded.

(5) At the time of arraignment for any petty offense in this state, the judge
shall advise any defendant not represented by counsel of the defendant's right to
trial by jury; of the requirement that the defendant, if he or she desires to invoke his
or her right to trial by jury, request such trial by jury within twenty-one days after
entry of a plea, in writing; of the number of jurors allowed by law; and of the
requirement that the defendant, if he or she desires to invoke his or her right to trial
by jury, tender to the court within twenty-one days after entry of a plea a jury fee of
twenty-five dollars, unless the fee is waived by the judge because of the indigence
of the defendant.

Legislative History

Source: L. 69: p. 276, � 1. C.R.S. 1963: � 37-22-12. L. 70: p. 150, � 3. L. 83: (4) amended, p. 615, � 1, effective July 1. L. 88: (3) amended, p. 1124, � 1, effective April 4. L. 2005: (4) and (5) amended, p. 428, � 10, effective July 28. L. 2012: (4) and (5) amended, (SB 12-175), ch. 208, p. 823, � 4, effective July 1.