If an action described in section 13-16-101 (2) is commenced by a nonresident of this state without filing an instrument in writing, or if at any time after the commencement of any suit by a resident of this state he or she shall become nonresident, and the court is satisfied that the nonresident plaintiff is unable to pay the costs of suit, the court may, on motion of the defendant or any officer of the court, order the nonresident plaintiff, on or before the day in such order named, to give an instrument in writing for the payment of costs in the suit. To ensure that access to the courts is not unreasonably denied, a court shall not require an instrument in writing for the payment of costs of suit in excess of five thousand dollars. If the nonresident plaintiff neglects or refuses, on or before the day in such rule named, to file such instrument, the court, on motion, shall dismiss the suit.
Source: R.S. p. 154, § 2. G.L. § 324. G.S. § 398. L. 1885: p. 156, § 1. R.S. 08: § 1065. C.L. § 6581. CSA: C. 43, § 11. CRS 53: § 33-1-2. C.R.S. 1963: § 33-1-2. L. 2009: Entire section amended, (HB 09-1305), ch. 311, p. 1691, § 2, effective September 1.
Structure Colorado Code
Title 13 - Courts and Court Procedure
Article 16 - Costs - Civil Actions
§ 13-16-101. Security for Costs
§ 13-16-102. Motion to Require Cost Bond
§ 13-16-103. Costs of Poor Person
§ 13-16-104. When Plaintiff Recovers Costs
§ 13-16-105. When Defendant Recovers Costs
§ 13-16-106. Costs in Replevin
§ 13-16-107. Costs on Motion to Dismiss
§ 13-16-108. When Several Matters Pleaded
§ 13-16-109. Costs on Several Counts
§ 13-16-110. When Several Defendants
§ 13-16-111. Recovery of Costs of Suit
§ 13-16-112. Number of Witness Fees Taxed
§ 13-16-113. Costs Upon Dismissal or Summary Judgment
§ 13-16-115. In Suit for Use of Another
§ 13-16-116. Costs in Adverse Suit
§ 13-16-117. On Appeal From Decisions in Probate
§ 13-16-118. Clerk to Tax Costs
§ 13-16-119. Costs Retaxed - Forfeit by Clerk
§ 13-16-120. Fee Bill - Precept - Levy and Return
§ 13-16-122. Items Includable as Costs
§ 13-16-123. Award of Fees and Costs to Garnishee