Premier Members Federal Credit Union, v. Henry Block and South Broadway Automotive Group, Inc., d/b/a Quality Mitsubishi, Inc., v. Darrell Einspahr, 2013COA128 (Aug. 29, 2013)

If you want a jury trial, you have to pay the fee.  (If you file electronically through ICCES, Colorado’s E-filing system, jury trial fees are added automatically). Here, a pro se defendant demanded a jury on his cross-claim but did not pay the jury fee. He later moved under CRCP 6 to pay out-of-time but was denied. The court of appeals affirmed. “According to the rule [CRCP 38] and the statute [CRS 13-71-144], the failure to pay the jury fee at the time of filing of the jury demand constitutes a waiver of a jury trial.” CRCP 6 does not permit a trial court to enlarge the statutory time to pay jury fees. Plaintiff’s cross-claim for indemnification was also dismissed by the trial court.  The court of appeals again affirmed because “an employee-tortfeasor is barred from seeking indemnification from his vicariously liable employer when [ ] that employee knew he was engaging in wrongful conduct.”

http://www.courts.state.co.us/Courts/Court_of_Appeals/Opinion/2013/12CA0906-PD.pdf

http://www.cobar.org/opinions/opinion.cfm?opinionid=9073&courtid=1

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