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Colorado Revised Statutes

Colo. Rev. Stat. § 13-4-109 (2026)

Certification of cases to the supreme court

✓ current as of July 2026
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(1) The court of appeals, prior to final determination, may certify any case before it to the supreme court for its review and final determination, if the court of appeals finds:

(a) The subject matter of the appeal has significant public interest;

(b) The case involves legal principles of major significance; or

(c) The case load of the court of appeals is such that the expeditious administration of justice requires certification.

(2) The supreme court shall consider such certification and may accept the case for final determination or remand it for determination by the court of appeals.

(3) The supreme court may order the court of appeals to certify any case before the court of appeals to the supreme court for final determination.

Source: L. 69: p. 267, § 1. C.R.S. 1963: § 37-21-9.

Notes of Decisions
Cited in 48 cases (3 in the last 5 years), 1976–2026 · leading case: v. Park Cty. Bd. of Cty. Comm'rs, 2020 CO 13 (Colo. 2020).
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v. Park Cty. Bd. of Cty. Comm'rs, 2020 CO 13 (Colo. 2020). · cites it 6× “1 1We accepted certification pursuant to section 13-4-109, C.R.S. (2019), and C.A.”
Pineda-Liberato v. People, 2017 CO 95 (Colo. 2017). · cites it 4× “¶19 The court of appeals agreed and pursuant to section 13-4-109(1)(a)–(b), C.R.S. (2017), and C.”
Tivolino Teller House, Inc. v. Fagan, 926 P.2d 1208 (Colo. 1996). · cites it 10× “(Tivolino) and the defendants, Executive Director of Revenue, Renny Fagan, the Colorado Limited Gaming Control Commission, and the Colorado Department of Revenue (collectively described as the Department), the court of appeals certified this appeal to the Supreme Court pursuant…”
A.L.L. v. People, 226 P.3d 1054 (Colo. 2010). · cites it 4× “Thereafter, the court of appeals referred the case to this court pursuant to section 13-4-109(a), (b), and (c), C.R.S.”
Craig v. People, 986 P.2d 951 (Colo. 1999). · cites it 2× “On its own motion, and pursuant to section 13-4-109, 5 C.R.S. (1998) and C.A.”
Kuhn v. State Ex Rel. Dep't of Revenue, 897 P.2d 792 (Colo. 1995). · cites it 4× “The state requested certification of the appeal to the supreme court pursuant to section 13-4-109(l)(a), 6A C.R.S. (1987), 4 and C.”
Fritz v. Regents of the Univ. of Colorado, 586 P.2d 23 (Colo. 1978). · cites it 3× “” 2 The case was transferred to this court from the court of appeals pursuant to section 13-4-109, C.R.S. 1973.”
E-470 Pub. High. Auth. v. Revenig, 91 P.3d 1038 (Colo. 2004). · cites it 2× “The petitioners appealed to the court of appeals, where the parties filed a stipulated motion to transfer the case to this Court pursuant to section 13-4-109(1)(a), 5 C.R.S. (2003), because issues of significant public *1041 interest were at stake.”
Transponder Corp. of Denver v. Prop. Tax Adm'r, 681 P.2d 499 (Colo. 1984). · cites it 3× “This case was transferred from the court of appeals pursuant to section 13-4-109, C.R.S. 1973. 2 . Public utility and telephone company status creates unfavorable tax ramifications for Transponder, including the loss of 1973 base year treatment for tax year 1980.”
Cacioppo v. Eagle Cnty. Sch. Dist. Re-50J, 92 P.3d 453 (Colo. 2004). · cites it 2× “Because of the constitutional nature of the appeal, the court of appeals transferred the case to this court pursuant to section 13-4-109(1)(a), 5 C.R.S.(2008). See Kuhn v.”
People v. Pate, 878 P.2d 685 (Colo. 1994). · cites it 2× “[2] See § 13-4-109, 6A C.R.S. (1987). [3] The factual details regarding Officer Lehmann's efforts to corroborate the informant's tip are set forth in his affidavit in support of the search warrant.”
Polhill v. Buckley, 923 P.2d 119 (Colo. 1996). · cites it 4× “The court of appeals thereafter filed a request in this court for determination of jurisdiction, and we accepted the case pursuant to section 13-4-109(2), 6A C.R.S. (1987). We hold that courts lack subject matter jurisdiction to review a legislative referendum [1] for compliance…”
Show all 48 citing cases →
— Colo. Rev. Stat. § 13-4-109(1) — 3 cases
Price v. Mills, 728 P.2d 715 (Colo. 1986).
People ex rel. C.Z., 262 P.3d 895 (Colo. Ct. App. 2010).
People Ex Rel. Cz, 262 P.3d 895 (Colo. Ct. App. 2010).
— Colo. Rev. Stat. § 13-4-109(1)(a) — 4 cases
Pineda-Liberato v. People, 2017 CO 95 (Colo. 2017). “¶19 The court of appeals agreed and pursuant to section 13-4-109(1)(a)–(b), C.R.S. (2017), and C.”
E-470 Pub. High. Auth. v. Revenig, 91 P.3d 1038 (Colo. 2004). “The petitioners appealed to the court of appeals, where the parties filed a stipulated motion to transfer the case to this Court pursuant to section 13-4-109(1)(a), 5 C.R.S. (2003), because issues of significant public *1041 interest were at stake.”
Cacioppo v. Eagle Cnty. Sch. Dist. Re-50J, 92 P.3d 453 (Colo. 2004). “Because of the constitutional nature of the appeal, the court of appeals transferred the case to this court pursuant to section 13-4-109(1)(a), 5 C.R.S.(2008). See Kuhn v.”
Cacioppo v. Eagle Cnty. Sch. Dis., 92 P.3d 453 (Colo. 2004).
— Colo. Rev. Stat. § 13-4-109(2) — 1 case
Polhill v. Buckley, 923 P.2d 119 (Colo. 1996). “The court of appeals thereafter filed a request in this court for determination of jurisdiction, and we accepted the case pursuant to section 13-4-109(2), 6A C.R.S. (1987). We hold that courts lack subject matter jurisdiction to review a legislative referendum [1] for compliance…”
— Colo. Rev. Stat. § 13-4-109(3) — 2 cases
At & T Commc'ns of the Mountain States, Inc. v. State, Dep't of Revenue, 778 P.2d 677 (Colo. 1989).
Evans v. Simpson, 547 P.2d 931 (Colo. 1976).
— Colo. Rev. Stat. § 13-4-109(8) — 1 case
Gordon v. Boyles, 9 P.3d 1106 (Colo. 2000).
— Colo. Rev. Stat. § 13-4-109(a) — 1 case
A.L.L. v. People, 226 P.3d 1054 (Colo. 2010). “Thereafter, the court of appeals referred the case to this court pursuant to section 13-4-109(a), (b), and (c), C.R.S.”
— Colo. Rev. Stat. § 13-4-109(l)(a) — 3 cases
Pineda-Liberato v. People, 2017 CO 95 (Colo. 2017). “¶19 The court of appeals agreed and pursuant to section 13-4-109(1)(a)–(b), C.R.S. (2017), and C.”
Kuhn v. State Ex Rel. Dep't of Revenue, 897 P.2d 792 (Colo. 1995). “The state requested certification of the appeal to the supreme court pursuant to section 13-4-109(l)(a), 6A C.R.S. (1987), 4 and C.”
Concord Realty Co. v. Cont'l Funding Corp., 776 P.2d 1114 (Colo. 1989).
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