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13-16-125. Limit on supersedeas bond.

Statute text

(1) In any civil action brought under any legal theory, the amount of a supersedeas bond necessary to stay execution of a judgment granting legal, equitable, or any other relief during the entire course of all appeals or discretionary reviews of the judgment by all appellate courts shall be set in accordance with applicable law; except that the total amount of the supersedeas bonds that are required collectively of all appellants during the appeal of a civil action may not exceed twenty-five million dollars in the aggregate, regardless of the amount of the judgment that is appealed.

(2) Notwithstanding the provisions of subsection (1) of this section, if an appellee proves by a preponderance of the evidence that an appellant who has posted a supersedeas bond is intentionally dissipating or diverting assets outside the ordinary course of its business for the purpose of avoiding payment of the judgment, a court may enter orders that are necessary to protect the appellee or that require the appellant to post a supersedeas bond in an amount up to and including the total amount of the judgment that is appealed.

History

Source: L. 2003: Entire section added, p. 1871, 1, effective May 20.

Annotations

 

ANNOTATION

Annotations

Law reviews. For article, "Bonds in Colorado Courts: A Primer for Practitioners", see 34 Colo. Law. 59 (March 2005).


ARTICLE 17
ATTORNEY FEES

Annotations

Law reviews: For article, "Attorneys' Fees Against Parties and Attorneys", see 13 Colo. Law. 1202 (1984); for article, "Attorney Fees: The English Rule in Colorado", see 13 Colo. Law. 1642 (1984); for comment, "Attorney Fee Assessments for Frivolous Litigation in Colorado", see 56 U. Colo. L. Rev. 663 (1985); for article, "Civil Rights", which discusses Tenth Circuit decisions dealing with attorney fees in civil rights litigation, see 62 Den. U. L. Rev. 71 (1985); for article, "Federal Practice and Procedure", which discusses a Tenth Circuit decision dealing with attorney fees under the Equal Access to Justice Act, see 62 Den. U. L. Rev. 215 (1985); for article, "Managing and Streamlining the Small Lawsuit", see 15 Colo. Law. 1389 (1986); for article, "Revisiting the Recovery of Attorney Fees and Costs in Colorado", see 33 Colo. Law 11 (April 2004); for article, "The 'Finality' of an Order When a Request for Attorney Fees Remains Outstanding", see 43 Colo. Law. 41 (May 2014).

 

Section

 

PART 1 FRIVOLOUS, GROUNDLESS, OR VEXATIOUS ACTIONS

13-17-101. Legislative declaration.

13-17-102. Attorney fees - definitions.

13-17-103. Procedure for determining reasonable fee - judicial discretion.

13-17-104. Fee arrangements between attorney and client.

13-17-105. Stipulation as to fees.

13-17-106. Applicability.

 

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.

 

PART 3 RETENTION OF ATTORNEYS BY GOVERNMENTAL ENTITIES - LIMITATION ON CONTINGENT FEE CONTRACTS

13-17-301. Short title.

13-17-302. Legislative declaration.

13-17-303. Definitions.

13-17-304. Limitation on contingent fees - applicability.


PART 1
FRIVOLOUS, GROUNDLESS, OR VEXATIOUS ACTIONS