Asking for Attorney Fees

To request attorney fees, you must file a motion with the court and provide evidence that you are entitled to an award. The judge will then decide whether to grant your request. You can use a general Motion form (JDF 76) and a Proposed Order form (JDF 77). 

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Certain Civil Cases 

A judge can award attorney fees in civil cases to the defendant in limited situations: 

• When a plaintiff dismisses a case before trial, particularly in situations involving personal injury or property damage claims 

• When a plaintiff made a settlement offer that was rejected by the defendant, and the plaintiff later won a judgment exceeding the offer, potentially leading to an award of additional costs and fees to the plaintiff

Click HERE for more information about Attorney Fees in Certain Civil Actions. 

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Family Law Cases

In Colorado, the district courts have the authority to grant an order of attorney's fees to one party in a domestic relations case under Colorado Revised Statutes § 14-10-119. The basic purpose behind this statute is to equalize the financial status of the parties involved in divorce, custody, and child support cases. The court will consider a number of factors when deciding to order an award. 

Click HERE for more information. 

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Frivolous Actions 

Under Colorado law, a court may award reasonable attorney fees to a party if the opposing party brought a claim that is deemed "substantially frivolous, substantially groundless, or substantially vexatious," meaning the action lacked substantial justification and was essentially brought to harass or delay the other party; this determination is made at the court's discretion based on the specific facts of the case. Click HERE for information about frivolous and groundless actions. 

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