§ 13-17-201 — Award of reasonable attorney fees in certain cases

(1) In all
actions brought as a result of a death or an injury to person or property occasioned
by the tort of any other persons, where any such action is dismissed on motion of
the defendant prior to trial under rule 12 (b) of the Colorado rules of civil procedure,
such defendant shall have judgment for his reasonable attorney fees in defending
the action. This subsection (1) does not apply if a motion under rule 12 (b) of the
Colorado rules of civil procedure is treated as a motion for summary judgment and
disposed of as provided in rule 56 of the Colorado rules of civil procedure.

(2) Subsection (1) of this section does not apply to any claim that is a good
faith, non-frivolous claim filed for the express purpose of extending, limiting,
modifying, or reversing existing precedent, law, or regulation; or for the express
purpose of establishing the meaning, lawfulness, or constitutionality of a law,
regulation, or United States or state constitutional right and the meaning,
lawfulness, or constitutionality has not been determined by the Colorado supreme
court, or for cases presenting questions under the United States constitution, to the
Supreme Court of the United States. This subsection (2) applies so long as the party
that brought the dismissed claim has pleaded, in its complaint, counterclaim, or
cross claim, that the dismissed claim was made for one of the express purposes
stated in this subsection (2) and identified the precedent, law, or regulation the
party seeks to extend, limit, modify, or reverse, or whether the issue to be decided
is a matter of first impression.

Legislative History

Source: L. 87: Entire part added, p. 547, � 2, effective July 1. L. 2022: Entire section amended, (HB 22-1272), ch. 445, p. 3131, � 1, effective June 8.