In all actions brought as a result of a death or an injury to person or property occasioned by the tort of any other person, where any such action is dismissed on motion of the defendant prior to trial under rule 12 (b) of the Colorado rules of civil procedure, such defendant shall have judgment for his reasonable attorney fees in defending the action. This section shall not apply if a motion under rule 12 (b) of the Colorado rules of civil procedure is treated as a motion for summary judgment and disposed of as provided in rule 56 of the Colorado rules of civil procedure.
Source: L. 87: Entire part added, p. 547, § 2, effective July 1.
Structure Colorado Code
Title 13 - Courts and Court Procedure
Part 2 - Attorney Fees in Civil Actions in General
§ 13-17-201. Award of Reasonable Attorney Fees in Certain Cases
§ 13-17-202. Award of Actual Costs and Fees When Offer of Settlement Was Made
§ 13-17-203. Limitation on Attorney Fees in Class Action Litigation Against Public Entities