(1) Subject to
the provisions of this section, in any civil action of any nature commenced or
appealed in any court of record in this state, the court may award, except as this
article otherwise provides, as part of its judgment and in addition to any costs
otherwise assessed, reasonable attorney fees.
(1.5) Subject to the provisions of this section, in any civil action, as described
in section 13-93-302, commenced or appealed in any court of record in this state,
the court may award, except as provided in this article 17, as part of its judgment
and in addition to any costs otherwise assessed, reasonable licensed legal
paraprofessional fees.
(2) Subject to the limitations set forth elsewhere in this article, in any civil
action of any nature commenced or appealed in any court of record in this state, the
court shall award, by way of judgment or separate order, reasonable attorney fees
against any attorney or party who has brought or defended a civil action, either in
whole or in part, that the court determines lacked substantial justification.
(2.1) Notwithstanding any other provision of this part 1, the filing of a
certificate of review pursuant to section 13-20-602 related to any licensed health-care professional creates a rebuttable presumption that the claim or action is not
frivolous or groundless, but it does not relieve the plaintiff or the plaintiff's attorney
or licensed legal paraprofessional from ongoing obligations under rule 11 of
Colorado rules of civil procedure.
(2.5) Subject to the limitations set forth elsewhere in this article 17, in any
civil action, as described in section 13-93-302, commenced or appealed in any court
of record in this state, the court shall award, by way of judgment or separate order,
reasonable licensed legal paraprofessional fees against any attorney, licensed
legal paraprofessional, or party who has brought or defended a civil action, either in
whole or in part, that the court determines lacked substantial justification.
(3) When a court determines that reasonable attorney fees or reasonable
licensed legal paraprofessional fees should be assessed, the court shall allocate
the payment of the fees among the offending attorneys, licensed legal
paraprofessionals, and parties, jointly or severally, as the court deems most just,
and may charge an amount or portion to any offending attorney, licensed legal
paraprofessional, or party.
(4) The court shall assess attorney fees or licensed legal paraprofessional
fees if, upon the motion of any party or the court itself, the court finds that an
attorney, licensed legal paraprofessional, or party brought or defended an action,
or any part of an action, that lacked substantial justification or that the action, or
any part of the action, was interposed for delay or harassment or if the court finds
that an attorney, licensed legal paraprofessional, or party unnecessarily expanded
the proceeding by other improper conduct, including, but not limited to, abuses of
discovery procedures available under the Colorado rules of civil procedure or a
designation by a defending party pursuant to section 13-21-111.5 (3) that lacked
substantial justification.
(5) Attorney fees or licensed legal paraprofessional fees shall not be
assessed if, after filing suit, a voluntary dismissal is filed as to any claim or action
within a reasonable time after the attorney, licensed legal paraprofessional, or
party filing the dismissal knew, or reasonably should have known, that the attorney,
licensed legal paraprofessional, or party would not prevail on the claim or action.
(6) A party who is appearing without an attorney or licensed legal
paraprofessional shall not be assessed attorney fees or licensed legal
paraprofessional fees unless the court finds that the party clearly knew or
reasonably should have known that the party's action or defense, or any part of the
action or defense, was substantially frivolous, substantially groundless, or
substantially vexatious; except that this subsection (6) does not apply to situations
in which an attorney or legal paraprofessional licensed to practice law in this state
is appearing without an attorney or a licensed legal paraprofessional, in which case,
the attorney or licensed legal paraprofessional is held to the standards established
for attorneys or licensed legal paraprofessionals elsewhere in this article 17.
(7) No attorney, licensed legal paraprofessional, or party shall be assessed
attorney fees or licensed legal paraprofessional fees for any claim or defense that
the court determines was asserted by the attorney, licensed legal paraprofessional,
or party in a good faith attempt to establish a new theory of law in Colorado.
(8) This section shall not apply to traffic offenses, matters brought under the
provisions of the Colorado Children's Code, title 19, C.R.S., or related juvenile
matters, or matters involving violations of municipal ordinances.
(9) Repealed.