Colo. Rev. Stat. § 13-4-102

Current through 11/5/2024 election

Section 13-4-102 - Jurisdiction

(1) Any provision of law to the contrary notwithstanding, the court of appeals shall have initial jurisdiction over appeals from final judgments of, and interlocutory appeals of certified questions of law in civil cases pursuant to section 13-4-102.1 from, the district courts, the probate court of the city and county of Denver, and the juvenile court of the city and county of Denver, except in:

(a) Repealed.

(b) Cases in which a statute, a municipal charter provision, or an ordinance has been declared unconstitutional;

(c) Cases concerned with decisions or actions of the public utilities commission;

(d) Water cases involving priorities or adjudications;

(e) Writs of habeas corpus;

(f) Cases appealed from the county court to the district court, as provided in section 13-6-310;

(g) Review actions of the Colorado dental board in refusing to issue or renew or in suspending or revoking a license to practice dentistry, dental therapy, or dental hygiene, as provided in section 12-220-208;

(h) Cases appealed from the district court granting or denying postconviction relief in a case in which a sentence of death has been imposed for an offense charged prior to July 1, 2020.

(2) The court of appeals has initial jurisdiction to:

(a) Review awards or actions of the industrial claim appeals office, as provided in articles 43 and 74 of title 8, C.R.S.;

(b) Review orders of the banking board granting or denying charters for new state banks, as provided in article 102 of title 11, C.R.S.;

(c) (Deleted by amendment, L. 2006, p. 761, § 19, effective July 1, 2006.)

(d) Review all final actions and orders appropriate for judicial review of the Colorado podiatry board, as provided in section 12-290-115;

(e) Review all final actions and orders appropriate for judicial review of the Colorado state board of chiropractic examiners, as provided in section 12-215-122;

(f) Review actions of the Colorado medical board in refusing to grant or in revoking or suspending a license or in placing the holder thereof on probation, as provided in section 12-240-127;

(h) Review all final actions and orders appropriate for judicial review of the state board of nursing, as provided in articles 255 and 295 of title 12;

(i) Review actions of the state board of optometry in refusing to grant or renew, revoking, or suspending a license, issuing a letter of admonition, or placing a licensee on probation or under supervision, as provided by section 12-275-122 (2);

(j) Review all final actions and orders appropriate for judicial review of the director of the division of professions and occupations, as provided in article 285 of title 12;

(k) Review all final actions and orders appropriate for judicial review of the state board of pharmacy, as provided in section 12-280-128;

(l) Review decisions of the board of education of a school district in proceedings for the dismissal of a teacher, as provided in section 22-63-302 (10), C.R.S.;

(m) Review final decisions or orders of the Colorado real estate commission, as provided in parts 2 and 5 of article 10 of title 12;

(m.5) Repealed.

(n) Review final decisions and orders of the Colorado civil rights commission, as provided in parts 3, 4, and 7 of article 34 of title 24, C.R.S.;

(o) Repealed.

(p) Review decisions of the state personnel board, as provided in section 24-50-125.4, C.R.S.;

(q) Review final actions and orders appropriate for judicial review of the state electrical board, as provided in article 115 of title 12;

(r) Review all final actions and orders appropriate for judicial review of the state board of licensure for architects, professional engineers, and professional land surveyors, as provided in section 12-120-407 (4);

(s) Review final actions and orders of the boards, as defined in section 12-245-202 (1), that are appropriate for judicial review and final actions;

(t) (Deleted by amendment, L. 2008, p. 426, § 25, effective August 5, 2008.)

(u) Review all final actions and orders appropriate for judicial review of the coal mine board of examiners, as provided in section 34-22-107 (8), C.R.S.;

(v) Review final actions and orders of the director of the division of professions and occupations appropriate for judicial review, as provided in section 12-145-116;

(w) Review final actions and orders appropriate for judicial review of the examining board of plumbers;

(x) Review decisions of the board of assessment appeals, as provided in section 39-8-108 (2), C.R.S.;

(y) and (z) Repealed.

(aa) (Deleted by amendment, L. 98, p. 818, § 14, effective August 5, 1998.)

(bb) Repealed.

(cc) Review final actions and orders appropriate for judicial review of the securities commissioner, as provided in section 11-59-117, C.R.S.;

(dd) Review final actions and orders appropriate for judicial review of the commissioner of insurance, pursuant to title 10, C.R.S.;

(ee) Review final actions and orders appropriate for judicial review of the Colorado racing commission, as provided in section 44-32-507 (4);

(ff) Review final actions and orders appropriate for judicial review of the Colorado passenger tramway safety board, as provided in section 12-150-109;

(gg) Repealed.

(hh) Review final actions and orders appropriate for judicial review of the state board of veterinary medicine, as provided in section 12-315-113;

(ii) Review all final actions and orders appropriate for judicial review of the director of the division of professions and occupations, as provided in section 12-225-109 (4);

(jj) Review all final actions and orders appropriate for judicial review of the executive director of the department of labor and employment, as provided in section 8-20-104, C.R.S.;

(kk) Review all final actions and orders appropriate for judicial review of the director of the division of professions and occupations in the department of regulatory agencies, as provided in section 12-270-114 (8);

(ll) Repealed.

(mm) Review final decisions or orders of the administrator as provided in article 20 of title 5; and

(nn) Review final decisions or orders of the administrator as provided in article 21 of title 5.

(3) The court of appeals shall have authority to issue any writs, directives, orders, and mandates necessary to the determination of cases within its jurisdiction.

(4) (Deleted by amendment, L. 95, p. 235, § 4, effective April 17, 1995.)

C.R.S. § 13-4-102

Amended by 2022 Ch. 381, §32, eff. 1/1/2023.

Amended by 2021 Ch. 482, §2, eff. 1/1/2022.

Amended by 2021 Ch. 4, §6, eff. 1/21/2021.

Amended by 2020 Ch. 64, §4, eff. 9/14/2020.

Amended by 2020 Ch. 93, §3, eff. 9/14/2020.

Amended by 2020 Ch. 302, §13, eff. 7/14/2020.

Amended by 2020 Ch. 216, §23, eff. 6/30/2020.

Amended by 2020 Ch. 157, §49, eff. 7/1/2020.

Amended by 2020 Ch. 61, §2, eff. 3/23/2020.

Amended by 2019 Ch. 136, §66, eff. 10/1/2019.

Amended by 2019 Ch. 390, §6, eff. 8/2/2019.

Amended by 2019 Ch. 157, §4, eff. 8/2/2019.

Amended by 2018 Ch. 34, §4, eff. 10/1/2018.

Amended by 2018 Ch. 26, §8, eff. 10/1/2018.

Amended by 2018 Ch. 274, §9, eff. 5/29/2018.

Amended by 2016 Ch. 210, §22, eff. 6/6/2016.

Amended by 2013 Ch. 352, §4, eff. 1/1/2015.

Amended by 2014 Ch. 363, §41, eff. 7/1/2014.

Amended by 2014 Ch. 353, §3, eff. 6/6/2014.

L. 69: p. 265, § 1. C.R.S. 1963: § 37-21-2. L. 73: p. 358, § 2. L. 74: (1)(a) repealed, p. 236, § 4, effective July 1. L. 75: (2) amended, p. 555, § 2, effective April 9; (2) amended, p. 459, § 9, effective July 1. L. 77: (2) amended, p. 717, § 2, effective July 1. L. 78: (2) amended, p. 302, § 4, effective July 1. L. 79: (2) amended, p. 919, § 1, effective July 1; (2) amended, p. 803, § 5, effective July 1; (2) amended, p. 553, § 1, effective 3/1/1980. L. 80: (1)(g) amended, p. 438, § 2, effective 1/1/1981. L. 83: (2) amended, p. 473, § 4, effective April 5. L. 85: (2) amended, p. 566, § 12, effective July 1; (2) amended, p. 484, § 2, effective July 1; (2) amended, p. 532, § 12, effective July 1; (2) amended, p. 505, § 21, effective July 1; (2) amended, p. 510, § 8, effective July 1; (2) amended, p. 538, § 13, effective July 1; IP(1) and (1)(f) amended, p. 570, § 3, effective 11/14/1986. L. 86: (2) amended, p. 978, § 9, effective April 3; (2) amended, p. 653, § 31, effective July 1; (2) amended, p. 498, § 116, effective July 1; (2) amended, p. 621, § 34, effective July 1; (2) amended, p. 1217, § 14, effective July 1. L. 88: (2)(x) added, p. 1305, § 14, effective April 29; (2)(o) and (2)(p) amended and (2)(u) added, p. 1199, § 9, effective May 3; (2)(o) and (2)(p) amended and (2)(r) added, p. 470, § 12, effective July 1; (2)(o) amended and (2)(s) and (2)(t) added, p. 568, § 6, effective July 1; (2)(o) and (2)(p) amended and (2)(v) added, p. 582, § 2, effective July 1; (2)(q) added, p. 502, § 22, effective July 1; (2)(w) added, p. 593, § 19, effective July 1. L. 89: (2)(m) amended, p. 744, § 23, effective April 3; (2)(y), (2)(z), and (2)(aa) added, pp. 728, 747, 406, §§ 31, 4, 6, effective July 1. L. 89, 1st Ex. Sess.: (2)(bb) added, p. 13, § 3, effective July 7. L. 90: (2)(l) amended, p. 1128, § 2, effective July 1. L. 91: (2)(cc) added, p. 2425, § 4, effective June 8; (2)(a) amended and (4) added, p. 1337, § 54, effective July 1. L. 92: (2)(dd) added, p. 1613, § 167, effective May 20; (1)(b) amended, p. 271, § 1, effective July 1. L. 93: (2)(ee) added, p. 1235, § 2, effective July 1; (2)(ee) added, p. 1033, § 14, effective July 1; (2)(ff) added, p. 1532, § 1, effective July 1. L. 94: (2)(y) repealed, p. 705, § 7, effective April 19; (1)(h) added, p. 1474, § 3, effective July 1. L. 95: (2)(a) and (4) amended, p. 235, § 4, effective April 17; (2)(f) amended, p. 1072, § 24, effective July 1; (2)(aa) amended, p. 419, § 6, effective July 1. L. 98: (2)(s) amended, p. 1158, § 28, effective July 1; (2)(gg) added, p. 1186, § 4, effective July 1; (2)(o) and (2)(aa) amended, p. 818, § 14, effective August 5. L. 2001: (2)(ii) added, p. 1260, § 8, effective June 5; (2)(hh) added, p. 480, § 13, effective July 1. L. 2003: (2)(jj) added, p. 1828, § 21, effective May 21; (2)(b) amended, p. 1209, § 18, effective July 1. L. 2004: (2)(c) amended, p. 1310, § 52, effective May 28; (2)(g) amended, p. 857, § 2, effective July 1. L. 2006: (2)(c) and (2)(r) amended, p. 761, § 19, effective July 1. L. 2008: (2)(kk) added, p. 830, § 3, effective July 1; (2)(s) and (2)(t) amended, p. 426, § 25, effective August 5. L. 2010: (2)(f) amended, (HB 10-1260), ch. 403, p. 1985, § 70, effective July 1; IP(1) amended, (HB 10-1395), ch. 1719, p. 1719, § 1, effective August 11. L. 2011: IP(2) and (2)(i) amended, (SB 11-094), ch. 451, p. 451, § 29, effective April 22; IP(2) and (2)(s) amended, (SB 11-187), ch. 1326, p. 1326, § 66, effective July 1. L. 2012: (2)(z) amended, (HB 12-1297), ch. 506, p. 506, § 4, effective April 26; (2)(k) amended, (HB 12-1311), ch. 1617, p. 1617, § 33, effective July 1. L. 2013: (2)(m.5) added, (HB 13-1277), ch. 2054, p. 2054, § 4, effective 1/1/2015. L. 2014: (2)(kk) amended and (2)(ll) added, (HB 14-1398), ch. 1646, p. 1646, § 3, effective June 6; (2)(g) amended, (HB 14-1227), ch. 1736, p. 1736, § 41, effective July 1. L. 2016: (1)(g) amended, (SB 16-189), ch. 758, p. 758, § 22, effective June 6. L. 2018: (2)(gg) amended, (SB 18-1375), ch. 1696, p. 1696, § 9, effective May 29; (2)(ee) amended, (HB 18 -1024), ch. 321, p. 321, § 8, effective October 1; (2)(gg) amended, (SB 18 -036), ch. 377, p. 377, § 4, effective October 1. L. 2019: (2)(o) repealed, (SB 19-241), ch. 3463, p. 3463, § 6, effective August 2; (2)(mm) added, (SB 19-002), ch. 1872, p. 1872, § 4, effective August 2; (2)(d), (2)(e), (2)(f), (2)(g), (2)(h), (2)(i), (2)(j), (2)(k), (2)(m), (2)(o), (2)(q), (2)(r), (2)(s), (2)(v), (2)(bb), (2)(ff), (2)(hh), (2)(ii), and (2)(kk) amended, (HB 19-1172), ch. 1661, p. 1661, § 66, effective October 1. L. 2020: (1)(h) amended, (SB 20 -100), ch. 204, p. 204, §2, effective March 23; (2)(m.5) repealed, (HB 20-1402), ch. 1045, p. 1045, § 23, effective June 30; (2)(bb) repealed, (HB 20-1183), ch. 699, p. 699, § 49, effective July 1; (2)(gg) repealed, (HB 20-1001), ch. 1516, p. 1516, § 13, effective July 14; (1)(g) amended, (HB 20 -1056), ch. 262, p. 262, § 4, effective September 14; (2)(kk) amended and (2)(ll) repealed, (HB 20-1217), ch. 369, p. 369, § 3, effective September 14.

(1) Amendments to subsection (2) by House Bill 79-1234 and Senate Bill 79-038 were harmonized with Senate Bill 79-099, effective March 1, 1980.

(2) Amendments to subsection (2) by Senate Bill 85-013, Senate Bill 85-049, House Bill 85-1030, House Bill 85-1031, House Bill 85-1032, and House Bill 85-1209 were harmonized.

(3) Amendments to subsection (2) by Senate Bill 86-011, Senate Bill 86-012, Senate Bill 86-165, House Bill 86-1029, and House Bill 86-1268 were harmonized.

(4) Amendments to subsection (2)(ee) by House Bill 93-1034 and House Bill 93-1268 were harmonized.

(5) Amendments to subsection (2)(gg) by HB 18-1375 and SB 18-036 were harmonized.

(6) Subsection (2)(o) was amended in HB 19-1172, effective October 1, 2019. However, those amendments were superseded by the repeal of subsection (2)(o) in SB 19-241, effective August 2, 2019.

(7) Section 4(2) of chapter 482 (HB 21-1282), Session Laws of Colorado 2021, provides that the act changing this section applies to conduct occurring on or after January 1, 2022.

2022 Ch. 381, was passed without a safety clause. See Colo. Const. art. V, § 1(3).

For the legislative declaration contained in the 2003 act enacting subsection (2)(jj), see section 1 of chapter 279, Session Laws of Colorado 2003. For the legislative declaration in SB 19-002, see section 1 of chapter 157, Session Laws of Colorado 2019.