IMPORTANT INFORMATION REGARDING WAIVER OF FEES
If you have filed a motion with the Civil Division of the County Court to proceed as an indigent person and that motion was granted; or you were otherwise found to be indigent by the court, it is important that you are aware that the court can only waive certain fees and costs associated with your case as set forth by the Colorado Supreme Court, in Chief Justice Directive CJD 98-01. Only State of Colorado Fees associated directly with the prosecution or
defense of your case can be waived based upon a determination of indigency. In the interest of justice, the Court will also waive its local fees for information packets, as well as a reasonable number of photocopies, as an extension of this Chief Justice Directive.
All other fees, especially fees to third parties, cannot be waived and the court has no authority to require or order these individuals, agencies, businesses or organizations to waive their fees. As such, the court will not entertain any motions to waive exempt fees.
This form helps to explain what costs cannot be waived. This is not an all inclusive list and should not be construed to be legal advice. Parties are always encouraged to consult with an attorney if they do not understand the legal process(es) in which they are engaged.
Please note,pursuant to §13-16-103 C.R.S., if you are determined to be indigent and you prevail in your case,a judgment will be entered on your behalf for the waived costs and you will be required to repay the court for all costs that were waived once you collect them from the opposing party.
BASED UPON A DETERMINATION OF INDIGENCY
The following Fees CANNOT be Waived By The Court
Postage (any class mail, certified, registered, etc.)
Transcriber /Transcript Fees (including obtaining transcript(s) for Appeal purposes); copy costs for DVD’s, CD’s, cassettes or other audio/visual media
Service of Process (including private process servers, sheriff & certified mail)
Any Fees Associated With A Name Change A name change is a voluntary action by a single party and as such a person is not prosecuting or defending a Civil action.
Any Fees For A Plaintiff Property Owner/Manager Seeking A Forcible Entry and Detainer (FED-Eviction) The property is an asset that makes the indigency motion moot on these types of cases.
Mediation Fees