2021 Colorado Code
Title 13 - Courts and Court Procedure
Article 40 - Forcible Entry and Detainer - General Provisions
§ 13-40-114. Delay in Trial - Undertaking
If either party requests a delay in trial longer than five days, the court in its discretion may, upon good cause shown, require either of the parties to give bond or other security approved and fixed by the court in an amount for the payment to the opposite party of such sum as he may be damaged due to the delay.
History. Source: L. 1885: P. 228, § 13. R.S. 08: § 2613. C.L. § 6379. CSA: C. 70, § 14. CRS 53: § 58-1-14. L. 61: P. 393, § 6. C.R.S. 1963: § 58-1-14. L. 87: Entire section amended, p. 566, § 4, effective March 13. History. Source: L. 1885: P. 228, § 13. R.S. 08: § 2613. C.L. § 6379. CSA: C. 70, § 14. CRS 53: § 58-1-14. L. 61: P. 393, § 6. C.R.S. 1963: § 58-1-14. L. 87: Entire section amended, p. 566, § 4, effective March 13.
ANNOTATION
This section does not authorize the trial court to issue a default judgment for failure to comply with the court's order requiring the posting of bond. Rather, the remedy for failure to post the bond required by the court is immediate trial. Beeghly v. Mack, 20 P.3d 610 (Colo. App. 2001).
This section is applicable when a forcible entry and detainer action is brought, regardless of whether other issues regarding ownership may be raised and resolved during the pendency of such action. Beeghly v. Mack, 20 P.3d 610 (Colo. App. 2001).
