Section 13-17-102 - Attorney fees - licensed legal paraprofessional - definitions(1) Subject to the provisions of this section, in any civil action of any nature commenced or appealed in any court of record in this state, the court may award, except as this article otherwise provides, as part of its judgment and in addition to any costs otherwise assessed, reasonable attorney fees.(1.5) Subject to the provisions of this section, in any civil action, as described in section 13-93-302, commenced or appealed in any court of record in this state, the court may award, except as provided in this article 17, as part of its judgment and in addition to any costs otherwise assessed, reasonable licensed legal paraprofessional fees.(2) Subject to the limitations set forth elsewhere in this article, in any civil action of any nature commenced or appealed in any court of record in this state, the court shall award, by way of judgment or separate order, reasonable attorney fees against any attorney or party who has brought or defended a civil action, either in whole or in part, that the court determines lacked substantial justification.(2.1) Notwithstanding any other provision of this part 1, the filing of a certificate of review pursuant to section 13-20-602 related to any licensed health-care professional creates a rebuttable presumption that the claim or action is not frivolous or groundless, but it does not relieve the plaintiff or the plaintiff's attorney or licensed legal paraprofessional from ongoing obligations under rule 11 of Colorado rules of civil procedure.(2.5) Subject to the limitations set forth elsewhere in this article 17, in any civil action, as described in section 13-93-302, commenced or appealed in any court of record in this state, the court shall award, by way of judgment or separate order, reasonable licensed legal paraprofessional fees against any attorney, licensed legal paraprofessional, or party who has brought or defended a civil action, either in whole or in part, that the court determines lacked substantial justification.(3) When a court determines that reasonable attorney fees or reasonable licensed legal paraprofessional fees should be assessed, the court shall allocate the payment of the fees among the offending attorneys, licensed legal paraprofessionals, and parties, jointly or severally, as the court deems most just, and may charge an amount or portion to any offending attorney, licensed legal paraprofessional, or party.(4) The court shall assess attorney fees or licensed legal paraprofessional fees if, upon the motion of any party or the court itself, the court finds that an attorney, licensed legal paraprofessional, or party brought or defended an action, or any part of an action, that lacked substantial justification or that the action, or any part of the action, was interposed for delay or harassment or if the court finds that an attorney, licensed legal paraprofessional, or party unnecessarily expanded the proceeding by other improper conduct, including, but not limited to, abuses of discovery procedures available under the Colorado rules of civil procedure or a designation by a defending party pursuant to section 13-21-111.5 (3) that lacked substantial justification. (5) Attorney fees or licensed legal paraprofessional fees shall not be assessed if, after filing suit, a voluntary dismissal is filed as to any claim or action within a reasonable time after the attorney, licensed legal paraprofessional, or party filing the dismissal knew, or reasonably should have known, that the attorney, licensed legal paraprofessional, or party would not prevail on the claim or action.(6) A party who is appearing without an attorney or licensed legal paraprofessional shall not be assessed attorney fees or licensed legal paraprofessional fees unless the court finds that the party clearly knew or reasonably should have known that the party's action or defense, or any part of the action or defense, was substantially frivolous, substantially groundless, or substantially vexatious; except that this subsection (6) does not apply to situations in which an attorney or legal paraprofessional licensed to practice law in this state is appearing without an attorney or a licensed legal paraprofessional, in which case, the attorney or licensed legal paraprofessional is held to the standards established for attorneys or licensed legal paraprofessionals elsewhere in this article 17.(7) No attorney, licensed legal paraprofessional, or party shall be assessed attorney fees or licensed legal paraprofessional fees for any claim or defense that the court determines was asserted by the attorney, licensed legal paraprofessional, or party in a good faith attempt to establish a new theory of law in Colorado.(8) This section shall not apply to traffic offenses, matters brought under the provisions of the "Colorado Children's Code", title 19, C.R.S., or related juvenile matters, or matters involving violations of municipal ordinances.(9) As used in this article 17, unless the context otherwise requires: (a) "Lacked substantial justification" means substantially frivolous, substantially groundless, or substantially vexatious.(b) "Licensed legal paraprofessional" means an individual licensed by the Colorado supreme court pursuant to Colorado rules of civil procedure and article 93 of this title 13 to perform certain types of legal services. A "licensed legal paraprofessional" does not include an individual with a general license to practice law in Colorado.Amended by 2024 Ch. 131,§ 5, eff. 8/7/2024.L. 77: Entire article added, p. 797, § 2, effective July 1. L. 84: Entire section R&RE, p. 460, § 2, effective July 1. L. 86: (4) amended, p. 681, § 4, effective July 1. L. 90: (2.1) added, p. 862, § 1, effective July 1. L. 2006: (8) amended, p. 237, § 6, effective July 1. L. 2009: (8) amended, (HB 09 -1248), ch. 252, p. 1136, §24, effective May 14.2024 Ch. 131, was passed without a safety clause. See Colo. Const. art. V, § 1(3). For award of attorney fees and other costs in actions involving garnishees, see §13-16-123 .