CJD 98-01

Chief Justice Directive 98-01 — Costs for Indigent Persons in Civil Matters

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Chief Justice Directive 98-01
Amended August 2011
Amended March 2021
Amended December 2023, Effective January 8, 2024
Amended April 2024
Amended April 2025
SUPREME COURT OF COLORADO
OFFICE OF THE CHIEF JUSTICE
Costs for Indigent Persons in Civil Matters
Chief Justice Directive 98-01
Amended Effective April 2025
I. Statutory Authority
Section 13-16-103 C.R.S. provides for an indigent person to prosecute or to defend in a court proceeding
without the payment of costs, at the discretion of the court. In the event that the indigent person successfully
prosecutes or defends an action or proceeding, a judgment shall be entered in favor of the indigent person
for court costs. If these costs are collected by the indigent person, that person shall pay the court in the
amount of court costs which were waived.
II. Indigency Determination
A petitioner or plaintiff or a respondent or defendant in a civil case must be indigent to proceed in a court
action without the payment of costs. Indigency should be determined by using the attached procedures.
III. Costs That May Not Be Waived
Any obligation for payment to a person or entity other than the State of Colorado, which arises in the course
of prosecuting or defending a civil action or special proceeding is not one which can be waived on the basis
of a party’s indigency. Waiver of costs is limited to those fees and expenses owed to the state and does not
apply to fees and expenses owed to other persons or entities. Therefore, transcript fees, witness fees, and
process server fees cannot be waived by the court.
IV. Costs That May Be Waived
If the court determines the person to be indigent, any costs owed to the state may be waived. Such costs
would include filing fees, reasonable copy fees, forms and instruction fees, jury fees, E-file and E-service
fees, and research fees.
V. Service of Process Fees
If the court, having ordered service, delivers the documents for service of process to the sheriff, the
court may pay the fees to the sheriff from mandated costs. If the party delivers the documents for
service of process to the sheriff, then the party may be responsible for any applicable fees as
designated by the sheriff as set forth by statute. If a process server other than the sheriff is selected by
a party, the party shall be responsible for any applicable fees as set forth in statute. Service fees may
not be assessed for protection orders for victims of domestic abuse or domestic violence Section 13-
14-109 (2) C.R.S.
VI. Installment Payment Procedure

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Chief Justice Directive 98-01
Amended August 2011
Amended March 2021
Amended December 2023, Effective January 8, 2024
Amended April 2024
Amended April 2025
A court may permit a petitioner or plaintiff or a respondent or defendant in a civil case to pay the filing fee
in installments if the person is determined not to be indigent. If payment is not received in accordance
with the schedule set by the court, the court may dismiss the filer’s claims or the entire case, without
further notice.
VII. Dispute Resolution Fees
The Office of Dispute Resolution (ODR) provides dispute resolution services through independent
contractors.
If a party is found to be indigent and ODR has funds available to pay the fees, the contractors’ fees
may be reduced accordingly after ODR’s approval. In limited situations, required by statute,
mediation fees may be waived. In exceptional financial or personal circumstances (e.g.,
incarceration), the ODR Director has the discretionary authority to waive mediation fees based on a
party’s request explaining why no fees are able to be paid. In order to qualify for reduced or waived
fees for mediation, a party must provide a copy of the order or certificate determining indigency – not
older than 6 months - to the mediator. In the absence of an order or certification, a party can submit a
Judicial Department Form (JDF) 211 to ODR for reduced fee consideration as detailed in the JDF 211
form instruction.
VIII. Inmate Payment Procedure
Any inmate who is allowed to proceed in a civil action as a poor person shall be required to pay the
full amount of the filing fee and service of process fees previously paid by the Court as follows: The
Court may require an initial partial payment if the inmate has ten dollars or more in his/her account.
The Court may require continuous monthly payments equal to 20% of the preceding month’s deposit
in the inmate account until the filing fee and service of process fees are paid in full. Section 13-17.5-
106 (3) C.R.S.
Done at Denver, Colorado, this ___21st_____day of __April, 2025.
_______________/s/_______________________
Monica M. Márquez, Chief Justice

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Chief Justice Directive 98-01
Amended August 2011
Amended March 2022
Amended April 2023
Amended March 2024
Amended April 2024
Amended April 2025
PROCEDURES FOR THE WAIVER OF COURT COSTS IN CIVIL CASES ON THE
BASIS OF INDIGENCY
As set forth in CJD 98-01, Section II., all persons requesting waiver of court costs in civil actions
or proceedings on the basis of indigency must follow the following procedures:
1. Procedures for the Determination of Indigency by Court Staff
a. Process for Evaluating Indigency
The following procedures are used for applicants in cases addressed in CJD 98-01 where the applicant
is not represented by an attorney or the applicant is represented by an attorney of or obtained through
a bar association or Access to Justice Committee-sponsored program; a law school; or an organized,
non-profit entity, such as Legal Services Corporation or others whose purpose is or includes the
provision of pro bono representation to indigent or near-indigent persons.
i. Completion of JDF 205 form, attesting to the applicant’s eligibility to waive filing
fees and/or other court costs:
If receiving public benefits, persons requesting waiver of court costs must complete the section
attesting to the applicant’s receipt of one or more of the following public benefits which qualify
the applicant for waiver of filing fees:
1. Aid to the Blind Colorado Supplement
2. Aid to the Needy and Disabled (AND)
3. Supplemental Security Income (SSI)
4. Old Age Pension - A and B
5. Temporary Aid for Needy Families (TANF)
6. Supplemental Nutrition Assistance Program (SNAP)
If not receiving public benefits, persons requesting waiver of court costs must complete, or have
completed on their behalf, the other sections of the Motion to Waive Fees and submit it to the
court or to the Legal Service Provider or Non-Profit Entity.
ii. Completion of JDF 211, attesting to the applicant’s need for fee reduction in ODR
cases:
Persons requesting reduction of fees for ODR services must complete, or have completed on their
behalf, the Request to Reduce Payment for Office of Dispute Resolution Services, form JDF 211,
and submit it to the court, or ODR staff as directed; except that if an indigency Order has been
made using JDF 206 within six (6) months of the ODR scheduled service, then such order shall
determine indigency for ODR services and JDF 211 does not need to be completed.
iii. Review of Financial Information by Court Staff or Legal Service Provider or Non-
Proft Entity:
Court staff, Legal Service Provider, or Non-Profit Entity reviews the applicant’s information on
form JDF 205 to determine whether the applicant is indigent. Generally, this determination
should be made solely on consideration of the signed affidavit incorporated into JDF 205. If
the court determines that a particular affidavit requires supporting documentation, if may consider
documentary evidence of:
• Income*
• Liquid assets**

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Chief Justice Directive 98-01
Amended August 2011
Amended March 2022
Amended April 2023
Amended March 2024
Amended April 2024
Amended April 2025
• Expenses***
iv. Filing of Order for Indigent Persons Not Represented through a Legal Service Provider
Once indigency status is determined for a person not represented through a Legal Service Provider or
Non-Profit Entity, court staff completes Finding and Order Concerning Payment of Costs, form JDF
206 and the court enters an order concerning the applicant’s payment of fees.
b. Criteria for Indigency
An applicant qualifies for waiver of court costs in civil cases if:
i. Applicant is receiving public benefits; or Income is at or below guidelines / Liquid
assets equal $0 to $1,500
If the applicant’s income is at or below the income eligibility guidelines (see the “Monthly
Income Guideline” and “Yearly Income Guideline” columns in the chart on the last page of this
Directive) and he or she has liquid assets of $1,500 or less, as determined on form JDF 205, the
applicant is indigent and eligible for waiver of court costs in civil cases.
ii. Income is up to 25% above guidelines / Liquid assets equal $0 to $1,500 / Monthly
expenses equal or exceed monthly income
If the applicant’s income is up to 25% above the income eligibility guidelines (see the “Monthly
Income Guideline plus 25%” and “Yearly Income Guideline plus 25%” columns in the chart on
the following page); the applicant has assets of $1,500 or less; and the applicant’s monthly
expenses equal or exceed monthly income, as determined on form JDF 205, the applicant is
indigent and eligible for waiver of court costs.
iii. Indigency status shall remain in domestic cases until the final orders are entered.
Indigency status shall remain for the duration of the case in all other civil case types.
2. Procedures for the Determination of Indigency When Applicant is Represented by an Attorney
of or Obtained Through a Legal Service Provider or Non-Profit Entity
a. Process for Evaluating Indigency by an Agency Funded by the Legal Services
Corporation pursuant to 45 C.F.R., Chapter XVI.
Legal Services Corporation is a federally funded program for representation of indigent persons. The
Code of Federal Regulations determines how applications for representation by attorneys employed by the
agencies funded by the Legal Services Corporation shall be filed, reviewed, maintained, and when an
applicant is deemed indigent for the purposes of representation. Because that review already takes place
in order to determine eligibility for representation, and because the Legal Services Corporation may not
represent someone in court who has not been deemed indigent under the Code of Federal Regulations, a
further application for indigency for the purpose of waiving the filing fee under §13-16-103, C.R.S. is not
necessary. 45 C.F.R. Part 1600 et. seq.
An attorney employed by an agency funded by the Legal Services Corporation or obtained through such
an agency may file form JDF 203 certified by that agency. That agency shall maintain its completed
determination of indigency documentation for a period of three years following conclusion of the case or
representation of the client for which waiver of court costs is obtained under these provisions. The State Court
Administrator’s Office may request to view any such records, and such request may not be refused.
b. Process for Evaluating Indigency by a Non-Profit Entity

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Chief Justice Directive 98-01
Amended August 2011
Amended March 2022
Amended April 2023
Amended March 2024
Amended April 2024
Amended April 2025
An attorney employed by a Non-Profit Entity not covered by federal regulation but whose purpose
is or includes the provision of pro bono representation to indigent or near-indigent persons may
file form JDF 203 certified by that Entity. That entity shall maintain its completed determination
of indigency documentation for a period of three years following conclusion representation of the
client, for which waiver of court costs is obtained under these provisions. The State Court
Administrator’s Office may request to view any such records, and such request may not be
reasonably denied.
c. Court procedures upon receipt of JDF 203
Once indigency status is determined by the Legal Service Provider or Non-Profit Entity, the Provider
completes JDF Form 203 and files it in the case. The clerk of the court may refer any notice filed by an
attorney appointed by a Legal Service Provider or Non-Profit Entity to a judge of the court in which the
matter is pending if there is a reasonable question about the eligibility of the applicant. Otherwise, the
clerk of the court in which the case is filed is authorized and directed to allow the applicant to proceed in
forma pauperis without any additional court order. Upon filing of form JDF 203, the waivable costs are
waived. The Legal Service Provider or Non-Profit Entity shall maintain the completed JDF 205 form for a
period of three years following withdrawal from the case. The State Court Administrator’s Office may
request to view any such records, and such request may not be refused.
3. Processing of JDF 211 Application for Reduced Fees (mediation)
a. Requests for reduced dispute resolution fees through the Office of Dispute Resolution shall be
made in accordance with the instructions set forth at the website: www.coloradoODR.org
b. Requests for reduced dispute resolution fees processed through the local courts shall be made in
accordance with that court’s procedures.
4. Appeals from Civil Cases
A standard application and motion to proceed in forma pauperis with verification of eligibility will be
required to waive costs to file an appeal of a civil case.
* Income is gross income from all members of the household who contribute monetarily to the common support
of the household. Income categories include wages, salary, commissions, profits, interest/investment earnings,
social security benefits (including disability), Supplemental Security Income (SSI)Aid to the Blind Colorado
Supplement, Aid to the Needy and Disabled (AND), Old Age Pension - A and B, maintenance (alimony), pension,
workers’ compensation, and unemployment benefits. NOTE: Income from roommates should not be considered
if such income is not commingled in accounts or otherwise combined with the applicant’s income in a fashion
which would allow the applicant proprietary rights to the roommate’s income.
Gross income does not include TANF payments, food stamps, subsidized housing assistance, veteran’s benefits or child
support.
**Liquid assets include cash on hand or in accounts, stocks, bonds, certificates of deposit, equity, and personal
property or investments which could readily be converted into cash without jeopardizing the applicant’s ability to
maintain home and employment.
***Expenses for nonessential items such as cable television, club memberships, entertainment, dining out,
alcohol, cigarettes, etc., shall not be included. Allowable expense categories are listed on form JDF 205.

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Chief Justice Directive 98-01
Amended August 2011
Amended March 2022
Amended April 2023
Amended March 2024
Amended April 2024
Amended April 2025
INCOME ELIGIBILITY GUIDELINES (amended January 13, 2026)
Family
Size
Poverty
Guideline
Monthly
poverty
level
Monthly
Income*
Monthly
Income
plus 25%
Yearly
Income*
Yearly
Income
plus 25%
1 $15,960 $1,330 $1,663 $2,078 $19,950 $24,938
2 $21,640 $1,803 $2,254 $2,818 $27,050 $33,813
3 $27,320 $2,277 $2,846 $3,557 $34,150 $42,688
4 $33,000 $2,750 $3,438 $4,297 $41,250 $51,563
5 $38,680 $3,223 $4,029 $5,036 $48,350 $60,438
6 $44,360 $3,697 $4,621 $5,776 $55,450 $69,313
7 $50,040 $4,170 $5,213 $6,516 $62,550 $78,188
8 $55,720 $4,643 $5,804 $7,255 $69,650 $87,063
125% of poverty level as determined by the Department of Health and Human Services.
*For family units with more than eight members add $592 per month to “monthly income" or $ 7,100 per
year to "yearly income" for each additional person
Poverty guideline is $ 5,680/year.
Source: Federal Register (91 FR 1797, 01/15/2026)

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Verbatim from the official publication; the only normalization is removal of the publisher's page headers. Verify against the official source for filing-critical use — court publications change without notice.