(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.
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.
Notes of Decisions
Cited in
173
cases (
57 in the last 5 years), 1988–2026 · leading case:
Lees v. James, 2018 COA 173 (Colo. Ct. App. 2018).
Lees v. James, 2018 COA 173 (Colo. Ct. App. 2018).
· cites it 22× “§ 13-17-201, C.R.S. 2018. When doing so, does the court have the authority to order that judgment be joint and several between the plaintiff and plaintiff’s counsel? For the first time in a published decision, we answer that question yes.”
Robinson v. Colorado State Lottery Div., 179 P.3d 998 (Colo. 2008).
· cites it 57× “Additionally, the trial court awarded attorney fees to the Lottery pursuant to section 13-17-201, C.R.S. (2007), which allows for attorney fees against a plaintiff whose tort action was dismissed under C.”
Krystkowiak v. W.O. Brisben Companies, Inc., 90 P.3d 859 (Colo. 2004).
· cites it 43× “”) 12(b)(5), and that statutory attorney fees were therefore available to Krystkowiak under section 13-17-201, 5 C.R.S. (2003) 1 . W.”
US Fax Law Ctr., Inc. v. Henry Schein, Inc., 205 P.3d 512 (Colo. Ct. App. 2009).
· cites it 60× “(FLC), appeals the order of the trial court awarding attorney fees under section 13-17-201, C.R.S.2008, to defendants, Henry Schein, Inc.”
In re Est. of Owens, 2017 COA 53 (Colo. Ct. App. 2017).
· cites it 8× “12(b)(5) 22 and section 13-17-201, C.R.S. 2016, because the district court should have dismissed Owens’ claim for lack of standing.”
Schulz v. Laszlo & Assocs., LLC, 2025 COA 24 (Colo. Ct. App. 2025).
· cites it 75× “Laszlo (collectively, the Laszlo Defendants), appeal the district court’s order denying their motion for attorney fees under section 13-17-201, C.R.S. 2024, after the court granted their C.”
Dubray v. Intertribal Bison Coop., 192 P.3d 604 (Colo. Ct. App. 2008).
· cites it 16× “We affirm the portions of the judgment awarding costs and determining defendants were entitled to an award of attorney fees under section 13-17-201, C.R.8.2007. However, we reverse concerning the amount of fees awarded and remand for entry of a modified award and for an award of…”
Crow v. Penrose-St. Francis Healthcare Sys., 262 P.3d 991 (Colo. Ct. App. 2011).
· cites it 16× “Upon remand Penrose moved to dismiss doctor's complaint, Penrose sought an award of attorney fees and costs under section 13-17-201, which provides for an award of fees to a defendant in an action for "injury to person or property occasioned by the tort of any other person,…”
Crandall v. City & Cnty. of Denver, 238 P.3d 659 (Colo. 2010).
· cites it 22× “We granted certiorari on two issues: (1) Whether under C.R.S. § 13-17-201 attorneys' fees and costs for time spent on work ultimately useful in a companion or overlapping case should be excluded from the award.”
GOGNAT v. Ellsworth, 224 P.3d 1039 (Colo. Ct. App. 2009).
· cites it 12× “The court subsequently awarded attorney fees to the nonresident defendants pursuant to section 13-17-201, C.R.S. 2008, because the action (which sounded in tort) had been dismissed under C.”
Gagne v. Gagne, 338 P.3d 1152 (Colo. Ct. App. 2014).
· cites it 22× “Richard then sought attorney fees pursuant to section 13-17-201, but the court deferred ruling on that motion.”
State v. Golden's Concrete Co., 962 P.2d 919 (Colo. 1998).
· cites it 29× “The Department also appeals the court of appeals’ determination that the Department is not entitled to attorney fees pursuant to section 13-17-201, 5 C.R.S. (1997). See id.”
— Colo. Rev. Stat. § 13-17-201(1) — 20 cases
Schulz v. Laszlo & Assocs., LLC, 2025 COA 24 (Colo. Ct. App. 2025).
“Laszlo (collectively, the Laszlo Defendants), appeal the district court’s order denying their motion for attorney fees under section 13-17-201, C.R.S. 2024, after the court granted their C.”
— Colo. Rev. Stat. § 13-17-201(2) — 3 cases
— Colo. Rev. Stat. § 13-17-201(4) — 1 case
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