Rule 12. Docketing the Proceeding and Fees; Proceedings in Forma Pauperis

(a) Docketing the Proceeding; Filing Fees.

(1) Payment of Fees by Initiating Party. At the time an appellant or petitioner initiates a proceeding in the court of appeals or the supreme court, the appellant or petitioner must pay the required filing fee to the clerk of the applicable appellate court.

(2) Docketing the Proceeding. Any proceeding initiated in the court of appeals or the supreme court must comply with these rules, including the service requirements of C.A.R. 25. Upon receipt of the filing fee or evidence of compliance with subparagraph (b) if a party is authorized to proceed without prepayment of fees, the appellate clerk will enter the proceeding upon the docket.

(3) Payment of Fees by Additional Parties Entering an Appearance. The filing fee for an appellee or respondent must be paid to the clerk of the appellate court upon the entrance of an appearance by the appellee or respondent. After an initial appellant, petitioner, appellee, or respondent have paid their docket fees, any additional appellants, cross-appellants, petitioners, cross-petitioners, or appellees must also pay the filing fee upon entering an appearance.

(4) Waiver of Filing Fees for Public Entities. As authorized by statute, rule, or chief justice directive, all filing fees are waived for the State of Colorado, all state agencies, institutions, and political subdivisions thereof. In criminal cases, the filing fee is waived for parties represented by the Office of the Colorado State Public Defender or the Office of the Alternate Defense Counsel; compliance with subparagraph (b) is unnecessary. Attorneys appearing as Alternate Defense Counsel must indicate they are appearing as such in the case caption.

(5) Waiver of Filing Fees for Habeas Appeals. The filing fee for a party appealing the denial of a petition for a writ of habeas corpus in the district court is waived; compliance with subparagraph (b) is unnecessary.

(b) Waiver of Filing Fees in Appellate Court Proceedings.

(1) In the Supreme Court.

(A) By Motion.

(a) In the Trial Court. A party may file in the trial court a motion to proceed on appeal in forma pauperis in the supreme court, together with an affidavit showing inability to pay the filing fee and costs. If the trial court denies the motion, the trial court must state in writing the reasons for the denial. Rule 10.1 Colorado Appellate Rules

(b) In the Supreme Court. A party may file in the supreme court a motion to waive the filing fee, together with an affidavit showing inability to pay the filing fee and costs.

(B) Prior Approval. Notwithstanding the provisions of the preceding paragraph, the court will waive the filing fee for a party who has been permitted to proceed in forma pauperis in an action in the trial court or the court of appeals or who has been permitted to proceed there as one who is financially unable to obtain an adequate defense in a criminal case. Any party proceeding under this subparagraph must attach a copy of the lower court's order granting leave to proceed in forma pauperis to the notice of appeal or initiating pleading.

(2) In the Court of Appeals. Any request to proceed in forma pauperis in the court of appeals must first be sought in the trial court. Any lower court order granting in forma pauperis status must have been entered no earlier than 12 months before the filing of a notice of appeal or other initiating pleading. A party may file in the court of appeals a motion to reconsider a trial court's denial of a motion to proceed in forma pauperis in the court of appeals. The motion and affidavit must be filed at the time of filing the notice of appeal or other initiating pleading.

(c) Leave to Proceed on Appeal or Review in Forma Pauperis in Administrative Agency Proceedings. A party to a proceeding before an administrative agency, board, commission, or officer seeking to proceed on appeal or review in the appellate court in forma pauperis must file in that court a motion, together with an affidavit showing inability to pay fees and costs.

Committee Notes

Source: (a) amended August 30, 1985, effective January 1, 1986; (b) amended May 15,