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

Colo. Rev. Stat. § 13-45-102 (2026)

Petition for relief - civil cases

✓ current as of July 2026
Find cases: SyfertCases citing this section CO-LEGleg.colorado.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

When any person not being committed or detained for any criminal or supposed criminal matter is confined or restrained of his liberty under any color or pretense whatever, he may proceed by appropriate action as prescribed by the Colorado rules of civil procedure in the nature of habeas corpus which petition shall be in writing, signed by the party or some person on his behalf, setting forth the facts concerning his imprisonment and wherein the illegality of such imprisonment consists, and in whose custody he is detained. The petition shall be verified by the oath or affirmation of the party applying or some other person on his behalf. If the confinement or restraint is by virtue of any judicial process or order, a copy thereof shall be annexed thereto or an affidavit made that the same has been demanded and refused. The same proceedings shall thereupon be had in all respects as are directed in section 13-45-101.

Source: R.S. 353, § 2. G.L. § 1324. G.S. § 1610. R.S. 08: § 2918. C.L. § 6487. CSA: C. 77, § 2. CRS 53: § 65-1-2. C.R.S. 1963: § 65-1-2.

Notes of Decisions
Cited in 11 cases (2 in the last 5 years), 1984–2025 · leading case: Marshall v. Kort, 690 P.2d 219 (Colo. 1984).
Sort: Relevance Newest Treatment
Marshall v. Kort, 690 P.2d 219 (Colo. 1984). · cites it 10× “(1982) recognizes that relief short of discharge is available through habeas corpus: Any person receiving evaluation or treatment under any of the provisions of this article is entitled to petition the court pursuant to the provisions of section 13-45-102, C.R.S. 1973, for…”
Goebel v. Colorado Dep't of Institutions, 764 P.2d 785 (Colo. 1988). · cites it 6× “(b) Any person receiving evaluation or treatment under any of the provisions of this article is entitled to petition the court pursuant to the provisions of section 13-45-102, C.R.S., SUBJECT TO AVAILABLE APPROPRIATIONS, for release to a less restrictive setting within or…”
Horton v. Suthers, 43 P.3d 611 (Colo. 2002). · cites it 3× “While the grounds upon which habeas relief would be proper are narrowly circumscribed by the statute, §§ 13-45-102, -103, a court's reasons for granting relief authorized for this kind of action cannot deprive it of subject-matter jurisdiction to rule.”
Brant v. Fielder, 883 P.2d 17 (Colo. 1994). · cites it 8× “The appellant raises four issues on appeal: (1) whether the district court erred when it did not find that the appellant followed section 13-45-102, 6A C.R.S. (1987), in his petition for habeas corpus; (2) whether the court *20 erred when it concluded that the appellant’s…”
Nonhuman Rights Proj., Inc., Petitioner-Appellant: v. Cheyenne Mountain Zoological Soc'y & Bob Chastain. Respondents-Appellees:, 2025 CO 3 (Colo. 2025). · cites it 14× “§ 13-45-102, C.R.S. (2024). We have direct appellate jurisdiction over habeas corpus proceedings pursuant to article VI, section 2(1) of the Colorado Constitution (giving the supreme court appellate jurisdiction and a "general superintending control over all inferior courts")…”
People v. Stevens, 761 P.2d 768 (Colo. 1988). · cites it 2× “Under the present statutory scheme, a person certified for short-term treatment or long-term care and treatment is entitled to demand treatment in a less restrictive setting or to demand release from the treating facility pursuant to the provisions of section 13-45-102, 6A…”
People in Interest of Dveirin, 755 P.2d 1207 (Colo. 1988). · cites it 2× “On September 10, 1986, the respondent sought habeas corpus relief pursuant to section 13-45-102, 6A C.R.S. (1987). On September 23, 1986, he sought additional habeas corpus relief pursuant to section 27-10-113, 11 C.”
Parental Responsibilities Concerning C.E.S.K., 2025 COA 51 (Colo. Ct. App. 2025). · cites it 2× “¶ 50 Section 13-45-102 authorizes a habeas petition in a civil case when a person is “confined or restrained of his liberty under any color or pretense,” including “by virtue of any judicial process or order.”
Jacobs v. Carmel, 869 P.2d 207 (Colo. 1994). · cites it 2× “Section 13-45-102, 6A C.R.S. (1987), pertaining to habeas corpus relief in civil cases, does not apply because of the significant differences between criminal and civil commitment.”
People Ex Rel. Bailey, 745 P.2d 280 (Colo. Ct. App. 1987). · cites it 2× “Section 27-10-116(l)(b) itself states that this issue concerning the appropriate treatment environment is to be the subject of a habeas corpus proceeding brought pursuant to § 13-45-102, C.R.S. And, § 13-45-103(1), C.”
People v. Corrales-Castro, 412 P.3d 701 (Colo. Ct. App. 2015). · cites it 2× “32(d), we do not address whether other procedural mechanisms, such as a petition for habeas corpus ("petition for relief-civil cases," § 13-45-102, C.R.S. 2014) or a petition under C.”
Colo. Rev. Stat. § 13-45-102(2)(a): 1 case
Horton v. Suthers, 43 P.3d 611 (Colo. 2002). “While the grounds upon which habeas relief would be proper are narrowly circumscribed by the statute, §§ 13-45-102, -103, a court's reasons for granting relief authorized for this kind of action cannot deprive it of subject-matter jurisdiction to rule.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.