If any person sues in any court of record in
this state in any action wherein the plaintiff or demandant might have costs in case judgment is
given for him and he is nonprossed, suffers a discontinuance, is nonsuited after appearance of the
defendant, or a verdict is passed against him, then the defendant shall have judgment to recover
his costs against the plaintiff, except against executors or administrators prosecuting in the right
of their testator or intestate, or demandant, to be taxed; and the same shall be recovered of the
plaintiff or demandant, by like process as the plaintiff or demandant might have had against the
defendant, in case judgment has been given for the plaintiff or demandant.
Source: R.S. p. 154, § 5. G.L. § 327. G.S. § 401. R.S. 08: § 1058. C.L. § 6574. CSA: C.
43, § 4. CRS 53: § 33-1-5. C.R.S. 1963: § 33-1-5.
Notes of Decisions
Acierno Ex Rel. Acierno v. Garyfallou, 2016 COA 91 (Colo. Ct. App. 2016).
· cites it 18× “He contends that under section 13-16-105, C.R.S. 2015, an award of costs to a prevailing defendant is mandatoiy.”
Archer v. Farmer Bros. Co., 90 P.3d 228 (Colo. 2004).
· cites it 4× “The court of appeals held that the trial court correctly determined that Henshaw and Rawson were “prevailing parties” under both Colorado Rule of Civil Procedure 54(d) and section 13-16-105, 5 C.R.S. (2003), despite the fact that the Plaintiff, Richard Archer, prevailed on a…”
Flood v. Mercantile Adjustment Bureau, LLC, 176 P.3d 769 (Colo. 2008).
· cites it 6× “However, the trial court did award MAB certain costs pursuant to Colorado's general costs statute, section 13-16-105, C.R.S. (2007). Flood appealed the county court's judgment to the district court.”
Crandall v. City & Cnty. of Denver, 238 P.3d 659 (Colo. 2010).
· cites it 3× “In its Bill of Costs submitted to the district court, Denver cited section 13-16-105, C.R.S. (2009), and C.R.”
Dennis I. Spencer Contractor, Inc. v. City of Aurora, 884 P.2d 326 (Colo. 1994).
· cites it 4× “Conversely, section 13-16-105 provides that when "a verdict is passed against [the plaintiff], then the defendant shall have judgment to recover his costs against the plaintiff.”
Reed Mill & Lumber Co., Inc. v. Jensen, 165 P.3d 733 (Colo. Ct. App. 2007).
· cites it 4× “After the court entered judgment in his favor, he filed a bill of costs under § 13-16-105, C.R.S. 2006, and C.R.C.P. 54(d).”
Mullins v. Kessler, 83 P.3d 1203 (Colo. Ct. App. 2003).
· cites it 5× “Defendant filed a bill of costs under § 13-16-105, C.R.S.2003, seeking recovery of $33,355.”
Hall v. Frankel, 190 P.3d 852 (Colo. Ct. App. 2008).
“The trial court granted the pulmonologist's motion for costs against the family pursuant to sections 13-16-105 and 13-16-122, C.R.8.2007.”
Chandler-McPhail v. Duffey, 194 P.3d 434 (Colo. Ct. App. 2008).
· cites it 3× “54 and section 13-16-105, C.R.S.2007. Chandler-MePhail objected to the bill of costs, arguing that Dr.”
Wark v. McClellan, 68 P.3d 574 (Colo. Ct. App. 2003).
· cites it 2× “See § 13-16-105, C.R.S.2002; Mackall v. Jalisco International, Inc, 28 P.”
Mgmt. Specialists, Inc. v. Northfield Ins. Co., 117 P.3d 32 (Colo. Ct. App. 2004).
· cites it 2× “MSI contends that the trial court erred in awarding Northfield its expert witness fees because the witness was merely *39 advisory, he was never deposed, and he did not testify.”
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