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Colorado Revised Statutes

Colo. Rev. Stat. § 13-16-108 (2026)

When several matters pleaded

✓ current as of July 2026
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When any defendant in any action, or plaintiff in replevin, pleads several matters, and any of such matters upon demurrer joined are adjudged insufficient, or if a verdict is found in any issue of the cause for the plaintiff, costs shall be given at the discretion of the court.

Source: R.S. p. 155, § 8. G.L. § 330. G.S. § 404. R.S. 08: § 1067. C.L. § 6583. CSA: C. 43, § 13. CRS 53: § 33-1-8. C.R.S. 1963: § 33-1-8.

Notes of Decisions
Cited in 16 cases, 1986–2016 · leading case: Archer v. Farmer Bros. Co., 70 P.3d 495 (Colo. Ct. App. 2003).
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Archer v. Farmer Bros. Co., 70 P.3d 495 (Colo. Ct. App. 2003). · cites it 6× “2001, the trial court may award costs to the prevailing party in an action. When, in a case involving multiple claims, each party prevails in part, the trial court has broad discretion to determine which, if any, party was the prevailing party.”
O'Donnell v. State Farm Mut. Auto. Ins. Co., 186 P.3d 46 (Colo. 2008). · cites it 5× “Petitioner Renee Bryant argues that section 13-16-108, C.R.S. (2007), allows her as an indigent party to appeal the default judgment obtained against her by Respondent State Farm Mutual Automobile Insurance Company ("State Farm") without first having to post a judgment bond.”
Archer v. Farmer Bros. Co., 90 P.3d 228 (Colo. 2004). “When a ease involves many claims, some of which are successful and some of which are not, it is left to the sole discretion of the trial court to determine which party, if any, is the prevailing party and whether costs should be awarded.”
City of Westminster v. Centric-Jones Constructors, 100 P.3d 472 (Colo. Ct. App. 2004). · cites it 2× “2002); see § 13-16-108, C.R.S.2002. The trial court determined that Bates and Jones were the prevailing parties.”
Grynberg v. Agri Tech, Inc., 985 P.2d 59 (Colo. Ct. App. 1999). · cites it 3× “However, under § 13-16-108, C.R.S. 1998, if several matters are pleaded in a case and each party prevails in part, an award of costs is discretionary with the trial court.”
Parsons Ex Rel. Parsons v. Allstate Ins. Co., 165 P.3d 809 (Colo. Ct. App. 2006). · cites it 2× “See § 13-16-108, C.R.S. 2006. To prevail for purposes of C.”
Montemayor v. Jacor Commc'ns, Inc., 64 P.3d 916 (Colo. Ct. App. 2002). · cites it 2× “1993); see § 13-16-108, C.R.S.2002; see also Grynberg v.”
Dennis I. Spencer Contractor, Inc. v. City of Aurora, 884 P.2d 326 (Colo. 1994). · cites it 2× “(citing §§ 13-16-108 to -109, 6A C.R.S. (1987 Repl.”
Landmark Towers Ass'n, Inc. v. UMB Bank, N.A, 2016 COA 61 (Colo. Ct. App. 2016). · cites it 2× “at 231 ; see § 13-16-108, C.R.S. 2015. 3. Analysis ¶33 Bondshares and UMB worked extensively with the District to present a united position against Landmark.”
Winkler v. Rocky Mountain Conf. of the United Methodist Church, 923 P.2d 152 (Colo. Ct. App. 1996). “See also §§ 13-16-108 and 13-16-109, C.R.S. (1987 Repl.”
Husband v. Colorado Mountain Cellars, Inc., 867 P.2d 57 (Colo. Ct. App. 1993). “1986); §§ 13-16-108 and 13-16-109, C.R.S. (1987 Repl.”
W.H. Woolley & Co. v. Bear Creek Manors, 735 P.2d 910 (Colo. Ct. App. 1986). “The Woolleys prevailed not only on their quiet title complaint, but on four out of the five counterclaims as well.”
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