Colorado Revised Statutes

Colo. Rev. Stat. § 13-16-111 (2026)

Recovery of costs of suit

✓ current as of July 2026

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A plaintiff who obtains judgment or an award of execution in an action brought under subsection (4) or (5) of rule 106 (a), C.R.C.P., shall recover his costs of suit. The defendant shall recover his costs if the action brought under subsection (4) or (5) of rule 106 (a), C.R.C.P., is dismissed pursuant to rule 41, C.R.C.P.

Source: R.S. p. 155, § 11. G.L. § 333. G.S. § 407. R.S. 08: § 1069. C.L. § 6585. CSA: C. 43, § 15. CRS 53: § 33-1-11. C.R.S. 1963: § 33-1-11.

Notes of Decisions

Cited in 4 cases, 1981–2007 · leading case: Rossmiller v. Romero, 625 P.2d 1029 (Colo. 1981).

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Rossmiller v. Romero, 625 P.2d 1029 (Colo. 1981). · cites it 13× “In reversing the trial court’s award of costs to the defendants in this case, the court of appeals relied on section 13-16-111, C.R.S. 1973, which states: “A plaintiff who obtains judgment or an award of execution in an action brought under subsection (4) or (5) of rule 106(a),…”

Farmers Reservoir & Irrigation Co. v. City of Golden, 113 P.3d 119 (Colo. 2005). · cites it 13× “2003), the court of appeals recognized the General Assembly’s intent to authorize such costs in the absence of an express provision where the general cost provision, section 13-16-111, C.R.S. (2004), was necessarily tied and applicable to public entities.”

Branch v. Colorado Dep't of Corr., 89 P.3d 496 (Colo. Ct. App. 2003). · cites it 15× “54(d) and was not authorized under § 13-16-111, C.R.S.2003. However, the court noted a “certain unfairness in denying [plaintiff] and other successful inmate litigants reimbursement for their costs while, at the same time, allowing the state to recover its costs from the…”

Phillips v. Watkins, 166 P.3d 197 (Colo. Ct. App. 2007). · cites it 3× “Plaintiff requested an award of costs pursuant to § 13-16-111, which provides as follows: A plaintiff who obtains judgment or an award of execution in an action brought under subsection (4) or (5) of rule 106(a), C.”

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