(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.. .
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.
Notes of Decisions
Cited in
15
cases, 1980–2020 · leading case:
Hytken v. Wake, 68 P.3d 508 (Colo. Ct. App. 2002).
Hytken v. Wake, 68 P.3d 508 (Colo. Ct. App. 2002).
· cites it 2× “However, plaintiffs did not file a cost bond as required by § 13-16-101, C.R.S8.2002. Pursuant to § 13-16-102, C.”
Glickman v. Mesigh, 615 P.2d 23 (Colo. 1980).
· cites it 6× “The respondent also *323 filed a motion for a cost bond under section 13-16-101, C.R.S. 1973, and the trial court denied that motion.”
Bell v. Simpson, 918 P.2d 1123 (Colo. 1996).
· cites it 5× “Section 13-16-101, 6A C.R.S. (1987), to which section 13-16-102 refers, provides that nonresident plaintiffs who file actions in Colorado must post a bond securing payment of “all costs which may accrue in such action either to the opposite party or to any of the officers of…”
Walcott v. Dist. Court, Second Jud. Dist., 924 P.2d 163 (Colo. 1996).
· cites it 8× “1994), the district court ruled that it lacked the authority to waive the requirements of C.R.S. § 13-16-101 due to plaintiffs indigent status.”
People v. Daniels, 973 P.2d 641 (Colo. Ct. App. 1998).
· cites it 6× “Section 13-16-101(2), C.R.S.1997, provides, in pertinent part: Every person convicted in this state of any felony, who has been three times previously convicted .”
Lewis v. Keim, 883 P.2d 610 (Colo. Ct. App. 1994).
· cites it 8× “On the same date the court dismissed the action, "as a result of Plaintiff's failure to post Cost Bond as previously ordered by this Court.”
Hansen v. Pingenot, 739 P.2d 911 (Colo. Ct. App. 1987).
· cites it 4× “Pingenot further urged that the filing of the judgment in Colorado should be vacated because Hansen, a non-resident, had not filed a bond as security for costs pursuant to § 13-16-101, C.R.S. By an order dated February 11,1985, the trial court found that the record before it did…”
Martin v. Freeman, 272 P.3d 1182 (Colo. Ct. App. 2012).
· cites it 2× “See § 13-16-101(2), C.R.S.2011 (requiring nonresident plaintiffs to post a cost bond not to exceed $5,000).”
Clement v. Durban, 32 N.Y.3d 337 (NY 2018).
“060; Ark Code Ann § 16-68-301; Cal Civ Proc Code § 1030; Colo Rev Stat Ann § 13-16-101 [2]; 735 Ill Comp Stat 5/5-101; Iowa Code Ann § 621.”
Munoz-Hoyos v. De Cortez, 207 P.3d 951 (Colo. Ct. App. 2009).
· cites it 4× “" Plaintiff contends the trial court erred in ruling as a matter of law that, as a non-citizen, plaintiff could not be a resident of Colorado under section 13-16-101. We agree. Because the only question here is one of law, our review is de novo.”
Piallat v. Replogle, 125 F.R.D. 165 (D. Colo. 1989).
· cites it 2× “See Colo.Rev.Stat. § 13-16-101 (1983), construed in Glickman v.”
— Colo. Rev. Stat. § 13-16-101(2) — 3 cases
People v. Daniels, 973 P.2d 641 (Colo. Ct. App. 1998).
“Section 13-16-101(2), C.R.S.1997, provides, in pertinent part: Every person convicted in this state of any felony, who has been three times previously convicted .”
Martin v. Freeman, 272 P.3d 1182 (Colo. Ct. App. 2012).
“See § 13-16-101(2), C.R.S.2011 (requiring nonresident plaintiffs to post a cost bond not to exceed $5,000).”
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