Colo. Rev. Stat. » Title 13
Colorado Revised Statutes

Colo. Rev. Stat. § 13-4-110 (2026)

Determination of jurisdiction - transfer of cases

✓ current as of July 2026
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(1) (a) When a party in interest alleges, or the court is of the opinion, that a case before the court of appeals is not properly within the jurisdiction of the court of appeals, the court of appeals shall refer the case to the supreme court. The supreme court shall decide the question of jurisdiction in a summary manner, and its determination shall be conclusive.

(b) A party in interest shall allege that a case is not properly within the jurisdiction of the court of appeals by motion filed with the court of appeals within twenty-one days after the date the record is filed with the clerk of the court of appeals, failing which any objection to jurisdiction by a party in interest shall be waived.

(2) Any case within the jurisdiction of the court of appeals which is filed erroneously in the supreme court shall be transferred to the court of appeals by the supreme court.

(3) No case filed either in the supreme court or the court of appeals shall be dismissed for having been filed in the wrong court but shall be transferred and considered properly filed in the court which the supreme court determines has jurisdiction. Source: L. 69: p. 267, § 1. C.R.S. 1963: § 37-21-10. L. 71: p. 372, § 1. L. 2012: (1)(b) amended, (SB 12-175), ch. 208, p. 822, § 2, effective July 1.

Notes of Decisions
Cited in 116 cases (2 in the last 5 years), 1979–2026 · leading case: People v. Lucero, 615 P.2d 660 (Colo. 1980).
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People v. Lucero, 615 P.2d 660 (Colo. 1980). · cites it 3× “1 This appeal was transferred to this court from the court of appeals pursuant to section 13-4-110(1)(a), C.R.S. 1973. 2 See, e.”
Trinity Broad. of Denver, Inc. v. City of Westminster, 848 P.2d 916 (Colo. 1993). · cites it 4× “[5] Because Trinity raised the issue of the constitutionality of the notice period of section *920 XX-XX-XXX, we ordered the case transferred here from the court of appeals pursuant to section 13-4-110, 6A C.R.S. (1987). II. Initially, Westminster argues that Trinity's appeal…”
People v. Greathouse, 742 P.2d 334 (Colo. 1987). · cites it 8× “This question must be answered in the negative in light of section 13-4-110(3), which states: “No case filed either *337 in the supreme court or the court of appeals shall be dismissed for having been filed in the wrong court, but shall be transferred and considered properly…”
Bruce v. City of Colorado Springs, 129 P.3d 988 (Colo. 2006). · cites it 5× “The trial court erred as a matter of law when it determined as a preliminary matter that the election notice requirements for tax increases apply to tax extensions and, consequently, the notice of election was not in substantial compliance with Amendment 1. Thus, we reverse the…”
People v. Carbajal, 198 P.3d 102 (Colo. 2008). · cites it 5× “Carbajal appealed to the court of appeals, which referred the matter to this court for a determination of jurisdiction over an appeal from a denial of a petition for a writ of habeas corpus pursuant to section 13-4-110(1)(a), C.R.S. (2008). We accepted jurisdiction.”
R.Mcg. v. J.W., 615 P.2d 666 (Colo. 1980). · cites it 5× “The case was transferred to this court from the court of appeals pursuant to section 13-4-110(1)Ca), C.R.S. 1973. Section 19-6-110, C.”
People v. Mozee, 723 P.2d 117 (Colo. 1986). · cites it 4× “The appeal was transferred to this court pursuant to section 13-4-110, 6 C.R.S. (1973), because Mozee contends that the crime of violence statute as it applies to the first degree assault and second degree assault statutes violates his constitutional right to equal protection of…”
People v. Wood, 743 P.2d 422 (Colo. 1987). · cites it 6× “The defendant appealed, and the case was subsequently transferred from the Colorado Court of Appeals to this court pursuant to section 13-4-110(l)(a), 6 C.R.S. (1973). We affirm the defendant’s convictions.”
People v. White, 606 P.2d 847 (Colo. 1980). · cites it 6× “That court referred the appeal to us, pursuant to section 13-4-110(1)(a), C.R.S.1973. We granted a transfer of the appeal on February 26, 1979.”
In Re the Marriage of Finer, 893 P.2d 1381 (Colo. Ct. App. 1995). · cites it 7× “Such authority is set out in § 13-4-110(1)(a), C.R.S. (1987 Repl.Vol. 6A), which provides that: "The supreme court shall decide the question of jurisdiction [between it and the court of appeals] in a summary manner and its determination shall be conclusive.”
People v. Diefenderfer, 784 P.2d 741 (Colo. 1989). · cites it 4× “Because the defendant raised certain constitutional questions, the court of appeals submitted the case to this court for a determination of jurisdiction pursuant to section 13-4-110, 6A C.R.S. (1987). We accepted jurisdiction and now affirm the judgment of the district court.”
People v. Cagle, 751 P.2d 614 (Colo. 1988). · cites it 2× “In accordance with section 13-4-110, 6 C.R.S. (1973), the defendant filed a motion requesting determination of jurisdiction, and transfer of the appeal to this court.”
Show all 116 citing cases →
— Colo. Rev. Stat. § 13-4-110(1) — 1 case
R.Mcg. v. J.W., 615 P.2d 666 (Colo. 1980). “The case was transferred to this court from the court of appeals pursuant to section 13-4-110(1)Ca), C.R.S. 1973. Section 19-6-110, C.”
— Colo. Rev. Stat. § 13-4-110(1)(a) — 28 cases
People v. Lucero, 615 P.2d 660 (Colo. 1980). “1 This appeal was transferred to this court from the court of appeals pursuant to section 13-4-110(1)(a), C.R.S. 1973. 2 See, e.”
Bruce v. City of Colorado Springs, 129 P.3d 988 (Colo. 2006). “The trial court erred as a matter of law when it determined as a preliminary matter that the election notice requirements for tax increases apply to tax extensions and, consequently, the notice of election was not in substantial compliance with Amendment 1. Thus, we reverse the…”
People v. Carbajal, 198 P.3d 102 (Colo. 2008). “Carbajal appealed to the court of appeals, which referred the matter to this court for a determination of jurisdiction over an appeal from a denial of a petition for a writ of habeas corpus pursuant to section 13-4-110(1)(a), C.R.S. (2008). We accepted jurisdiction.”
People v. Estorga, 612 P.2d 520 (Colo. 1980).
Diversified Mgmt., Inc. v. Denver Post, Inc., 653 P.2d 1103 (Colo. 1982).
— Colo. Rev. Stat. § 13-4-110(2) — 7 cases
City & Cnty. of Denver Ex Rel. Bd. of Water Commissioners v. Bd. of Cnty. Commissioners, 782 P.2d 753 (Colo. 1989).
The People of the State of Colorado v. Ashley Hernandez, 2025 CO 13 (Colo. 2025).
Colorado Ass'n of Pub. Employees v. Dep't of Highways, 809 P.2d 988 (Colo. 1991).
Thomas v. Cnty. Court, 596 P.2d 768 (Colo. 1979).
City & Cnty. of Denverex Rel. Bd. of Water Commissioners v. Bd. of Cnty. Commissioners, 760 P.2d 656 (Colo. Ct. App. 1988).
— Colo. Rev. Stat. § 13-4-110(3) — 7 cases
People v. Greathouse, 742 P.2d 334 (Colo. 1987). “This question must be answered in the negative in light of section 13-4-110(3), which states: “No case filed either *337 in the supreme court or the court of appeals shall be dismissed for having been filed in the wrong court, but shall be transferred and considered properly…”
People v. Chastain, 733 P.2d 1206 (Colo. 1987).
Associated Dry Goods Corp. v. City of Arvada, 593 P.2d 1375 (Colo. 1979).
In Re the Marriage of Finer, 893 P.2d 1381 (Colo. Ct. App. 1995). “Such authority is set out in § 13-4-110(1)(a), C.R.S. (1987 Repl.Vol. 6A), which provides that: "The supreme court shall decide the question of jurisdiction [between it and the court of appeals] in a summary manner and its determination shall be conclusive.”
People v. Meyers, 598 P.2d 526 (Colo. Ct. App. 1979).
— Colo. Rev. Stat. § 13-4-110(8) — 1 case
Zivian v. Brooke-Hitching, 28 P.3d 970 (Colo. Ct. App. 2001).
— Colo. Rev. Stat. § 13-4-110(l)(a) — 60 cases
People v. Wood, 743 P.2d 422 (Colo. 1987). “The defendant appealed, and the case was subsequently transferred from the Colorado Court of Appeals to this court pursuant to section 13-4-110(l)(a), 6 C.R.S. (1973). We affirm the defendant’s convictions.”
Kuhn v. State Ex Rel. Dep't of Revenue, 897 P.2d 792 (Colo. 1995).
People v. Malacara, 606 P.2d 1300 (Colo. 1980).
People v. Horne, 619 P.2d 53 (Colo. 1980).
Eckley v. Colorado Real Est. Comm'n, 752 P.2d 68 (Colo. 1988).
— Colo. Rev. Stat. § 13-4-110(l)(b) — 1 case
Senior Corp. v. Bd. of Assessment Appeals, 702 P.2d 732 (Colo. 1985).
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