(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) As used in this article 17, unless the context otherwise requires:
(a) "Lacked substantial justification" means substantially frivolous, substantially groundless, or substantially vexatious.
(b) "Licensed legal paraprofessional" means an individual licensed by the Colorado supreme court pursuant to Colorado rules of civil procedure and article 93 of this title 13 to perform certain types of legal services. A "licensed legal paraprofessional" does not include an individual with a general license to practice law in Colorado.
Source: L. 77: Entire article added, p. 797, § 2, effective July 1. L. 84: Entire section R&RE, p. 460, § 2, effective July 1. L. 86: (4) amended, p. 681, § 4, effective July 1. L. 90:
(2.1) added, p. 862, § 1, effective July 1. L. 2006: (8) amended, p. 237, § 6, effective July 1. L. 2009: (8) amended, (HB 09-1248), ch. 252, p. 1136, § 24, effective May 14. L. 2024: (1.5), (2.5), and (9) added and (2.1) and (3) to (7) amended, (HB 24-1291), ch. 131, p. 466, § 5, effective August 7.
Cross references: For award of attorney fees and other costs in actions involving garnishees, see § 13-16-123.
Notes of Decisions
Cited in
583
cases (
201 in the last 5 years), 1981–2026 · leading case:
Lees v. James, 2018 COA 173 (Colo. Ct. App. 2018).
Lees v. James, 2018 COA 173 (Colo. Ct. App. 2018).
· cites it 24× “” The trial court has broad discretion in deciding whether to grant or deny attorney fees under section 13-17-102. Consumer Crusade, Inc.”
of Martin, 2021 COA 101 (Colo. Ct. App. 2021).
· cites it 17× “The court also awarded husband his attorney fees — partially under section 14-10-119, based on the parties’ disparate financial resources, and partially under section 13-17-102, C.R.S. 2020, based on its finding that wife’s argument concerning her individual retirement account…”
Klein v. Tiburon Dev. LLC, 2017 COA 109 (Colo. Ct. App. 2017).
· cites it 21× “— was of such nature as to require sanctions under C.R.S. § 13-17-102.” • “[The Kleins] engaged in virtually every kind of sanction-worthy conduct enumerated in [section 13-17-102] over - the course of this case, including bringing claims that lacked substantial justification or…”
In re Marriage of Aldrich, 945 P.2d 1370 (Colo. 1997).
· cites it 31× “On the issue of attorney fees, the court of appeals held that the district court failed to make adequate factual findings under section 13-17-102, 5 C.R.S. (1997), and under section 13-17-103, 5 C.”
Castillo v. Koppes-Conway, 148 P.3d 289 (Colo. Ct. App. 2006).
· cites it 14× “We grant this request and, acting on our own motion, also award attorney fees under § 13-17-102, C.R.S.2005. Section 13-17-102(2), C.”
of Wright, 2020 COA 11 (Colo. Ct. App. 2020).
· cites it 7× “¶ 40 Husband does not assert that wife’s defense of the appeal lacked substantial justification, see section 13-17-102, or that the parties’ respective financial resources warrant an award of fees, see 22 section 14-10-119, C.”
Yadon v. Southward, 64 P.3d 909 (Colo. Ct. App. 2002).
· cites it 20× “In § 13-17-102, C.R.S.2002, which concerns the award of attorney fees for frivolous and groundless litigation, the General Assembly provided a standard for nonattorney pro se litigants different from that for other parties and attorneys representing them.”
Laleh v. Johnson, 2016 COA 4 (Colo. Ct. App. 2016).
· cites it 8× “¶55        Under section 13-17-102(4), C.R.S. 2015, this court must assess attorney fees if a party has âbrought or defended an action .”
City of Aurora v. Colorado State Eng'r, 105 P.3d 595 (Colo. 2005).
· cites it 15× “In deciding whether a claim is substantially groundless or frivolous so as to require an award of attorney fees under section 13-17-102, a court “shall specifically set forth the reasons for said award and shall consider the [statutory 33 ] factors, among others.”
In Re the Marriage of Rodrick, 176 P.3d 806 (Colo. Ct. App. 2007).
· cites it 11× “2006, and conclude further findings are necessary with respect to wife’s request for an award of attorney fees under § 13-17-102, C.R.S.2006. Section 13-17-102(4), C.”
In re Est. of Owens, 2017 COA 53 (Colo. Ct. App. 2017).
· cites it 5× “Applicable Law ¶ 50 Under section 13-17-102, an award of attorney fees turns on whether a claim “lacked substantial justification” — in other words, whether it was “substantially frivolous, substantially groundless, or substantially vexatious.”
In Re the Marriage of Yates, 148 P.3d 304 (Colo. Ct. App. 2006).
· cites it 7× “Appellate Attorney Fees Wife requests an award of appellate attorney fees pursuant to §§ 13-17-102 and 14-10-119, C.R.S.2005. We conclude that wife is not entitled to an award of attorney fees pursuant to § 13-17-102, but her request for an award of fees pursuant to § 14-10-119…”
— Colo. Rev. Stat. § 13-17-102(1) — 20 cases
Lees v. James, 2018 COA 173 (Colo. Ct. App. 2018).
“” The trial court has broad discretion in deciding whether to grant or deny attorney fees under section 13-17-102. Consumer Crusade, Inc.”
— Colo. Rev. Stat. § 13-17-102(2) — 89 cases
Lees v. James, 2018 COA 173 (Colo. Ct. App. 2018).
“” The trial court has broad discretion in deciding whether to grant or deny attorney fees under section 13-17-102. Consumer Crusade, Inc.”
Castillo v. Koppes-Conway, 148 P.3d 289 (Colo. Ct. App. 2006).
“We grant this request and, acting on our own motion, also award attorney fees under § 13-17-102, C.R.S.2005. Section 13-17-102(2), C.”
— Colo. Rev. Stat. § 13-17-102(3) — 13 cases
Lees v. James, 2018 COA 173 (Colo. Ct. App. 2018).
“” The trial court has broad discretion in deciding whether to grant or deny attorney fees under section 13-17-102. Consumer Crusade, Inc.”
Castillo v. Koppes-Conway, 148 P.3d 289 (Colo. Ct. App. 2006).
“We grant this request and, acting on our own motion, also award attorney fees under § 13-17-102, C.R.S.2005. Section 13-17-102(2), C.”
— Colo. Rev. Stat. § 13-17-102(4) — 199 cases
Laleh v. Johnson, 2016 COA 4 (Colo. Ct. App. 2016).
“¶55        Under section 13-17-102(4), C.R.S. 2015, this court must assess attorney fees if a party has âbrought or defended an action .”
Castillo v. Koppes-Conway, 148 P.3d 289 (Colo. Ct. App. 2006).
“We grant this request and, acting on our own motion, also award attorney fees under § 13-17-102, C.R.S.2005. Section 13-17-102(2), C.”
In re Marriage of Aldrich, 945 P.2d 1370 (Colo. 1997).
“On the issue of attorney fees, the court of appeals held that the district court failed to make adequate factual findings under section 13-17-102, 5 C.R.S. (1997), and under section 13-17-103, 5 C.”
— Colo. Rev. Stat. § 13-17-102(5) — 13 cases
— Colo. Rev. Stat. § 13-17-102(6) — 60 cases
of Wright, 2020 COA 11 (Colo. Ct. App. 2020).
“¶ 40 Husband does not assert that wife’s defense of the appeal lacked substantial justification, see section 13-17-102, or that the parties’ respective financial resources warrant an award of fees, see 22 section 14-10-119, C.”
Yadon v. Southward, 64 P.3d 909 (Colo. Ct. App. 2002).
“In § 13-17-102, C.R.S.2002, which concerns the award of attorney fees for frivolous and groundless litigation, the General Assembly provided a standard for nonattorney pro se litigants different from that for other parties and attorneys representing them.”
In Re the Marriage of Yates, 148 P.3d 304 (Colo. Ct. App. 2006).
“Appellate Attorney Fees Wife requests an award of appellate attorney fees pursuant to §§ 13-17-102 and 14-10-119, C.R.S.2005. We conclude that wife is not entitled to an award of attorney fees pursuant to § 13-17-102, but her request for an award of fees pursuant to § 14-10-119…”
— Colo. Rev. Stat. § 13-17-102(7) — 17 cases
— Colo. Rev. Stat. § 13-17-102(8) — 3 cases
— Colo. Rev. Stat. § 13-17-102(9)(a) — 16 cases
— Colo. Rev. Stat. § 13-17-102(d4) — 1 case
— Colo. Rev. Stat. § 13-17-102(l)(a) — 1 case
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