2021 Colorado Code
Title 13 - Courts and Court Procedure
Article 2 - Supreme Court
§ 13-2-106. Process From Supreme Court

Universal Citation: CO Code § 13-2-106 (2021)

All process issued out of the supreme court shall bear teste in the name of the chief justice, be signed by the clerk of the court, sealed with its seal, and made returnable according to law or the rules and orders of the court and shall be executed by the officer to whom the same is directed.

History. Source: G.L. § 2603. G.S. § 3226. R.S. 08: § 1416. C.L. § 5629. CSA: C. 46, § 20. CRS 53: § 37-2-6 . C.R.S. 1963: § 37-2-6 .


ANNOTATION

Scire facias must be directed to sheriff of county where defendant resides. A scire facias or summons to hear errors issued by the clerk of the supreme court must be directed to the sheriff of the county where the defendant in error resides or may be found, and no other person than such sheriff or his authorized deputy has authority to serve such summons. An attempted service of such summons made by a person not authorized by law to make such service is a nullity. Wellington v. Beck, 29 Colo. 73 , 66 P. 881 (1901).


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