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Colorado Revised Statutes

Colo. Rev. Stat. § 15-10-306 (2026)

Jury trial

✓ current as of July 2026
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(1) If duly demanded, a party is entitled to trial by jury in a formal testacy proceeding and any proceeding in which any controverted question of fact arises as to which any party has a constitutional right to trial by jury.

(2) If there is no right to trial by jury under subsection (1) of this section or the right is waived, the court in its discretion may call a jury to decide any issue of fact, in which case the verdict is advisory only.

Source: L. 73: R&RE, p. 1546, § 1. C.R.S. 1963: § 153-1-306.

Notes of Decisions
Cited in 6 cases, 1982–2016 · leading case: In re Donald C. Taylor & Margaret Ann Taylor Trust, 2016 COA 100 (Colo. Ct. App. 2016).
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In re Donald C. Taylor & Margaret Ann Taylor Trust, 2016 COA 100 (Colo. Ct. App. 2016). · cites it 4× “See § 15-10-306(1), C.R.S. 2015. Further, the supreme court’s admonition in Mission Viejo Company v.”
Matter of Est. of Daniels, 665 P.2d 594 (Colo. 1983). · cites it 6× “2d 804 (1969), and by statutes, such as section 15-10-306, C.R. S.1973, relied on by the trust beneficiaries here.”
Armour v. Colorado Nat'l Bank, 658 P.2d 284 (Colo. Ct. App. 1982). · cites it 3× “Section 15-10-306, C.R.S.1973. C.R.C.P. 38(a) states that an issue of fact may be tried to a jury in actions for money due on contract or as damages for breach of contract.”
In Re Est. of Bell, 4 P.3d 504 (Colo. Ct. App. 2000). · cites it 2× “See § 15-10-306, C.R.S.1999. The trial court denied the petition for formal probate as well as the subsequent motion for reconsideration, finding that the issues raised in the petition previously had been litigated and decided and, thus, that further litigation was barred by…”
Ayres v. King, 665 P.2d 594 (Colo. 1983). · cites it 6× “2d 804 (1969), and by statutes, such as section 15-10-306, C.R. S.1973, relied on by the trust beneficiaries here.”
Large v. Bell, 4 P.3d 504 (Colo. Ct. App. 2000). “See § 15-10-306, C.R.8.1999. The trial court denied the petition for formal probate as well as the subsequent motion for reconsideration, finding that the issues raised in the petition previously had been litigated and decided and, thus, that further litigation was barred by…”
Colo. Rev. Stat. § 15-10-306(1): 1 case
In re Donald C. Taylor & Margaret Ann Taylor Trust, 2016 COA 100 (Colo. Ct. App. 2016). “See § 15-10-306(1), C.R.S. 2015. Further, the supreme court’s admonition in Mission Viejo Company v.”
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