Colorado Revised Statutes

Colo. Rev. Stat. § 13-16-122 (2026)

Items includable as costs

✓ current as of July 2026

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(1) Whenever any court of this state assesses costs pursuant to any provision of this article, such costs may include:

(a) Any docket fee required by article 32 of this title or any other fee or tax required by statute to be paid to the clerk of the court;

(b) The jury fees and expenses provided for in article 71 of this title;

(d) Any fees of the court reporter for all or any part of a transcript necessarily obtained for use in this case;

(e) The witness fees, including subsistence payments, mileage at the rate authorized by section 13-33-103, and charges for expert witnesses approved pursuant to section 13-33-102 (4);

(f) Any fees for exemplification and copies of papers necessarily obtained for use in the case;

(g) Any costs of taking depositions for the perpetuation of testimony, including reporters' fees, witness fees, expert witness fees, mileage for witnesses, and sheriff fees for service of subpoenas;

(h) Any attorney fees, when authorized by statute or court rule;

(i) Any fees for service of process or fees for any required publications;

(j) Any item specifically authorized by statute to be included as part of the costs.

Source: L. 81: Entire section added, p. 947, § 2, effective July 1. L. 2001: (1)(b) amended, p. 1270, § 18, effective June 5.

Cross references: For items includable as costs in criminal actions, see § 18-1.3-701.

Notes of Decisions

Cited in 72 cases (5 in the last 5 years), 1983–2026 · leading case: Cherry Creek Sch. Dist. 5 v. Voelker Ex Rel. Voelker, 859 P.2d 805 (Colo. 1993).

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Cherry Creek Sch. Dist. 5 v. Voelker Ex Rel. Voelker, 859 P.2d 805 (Colo. 1993). · cites it 19× “” The court concluded that “it [had] inherent and discretionary authority to award the *809 costs of taking [out of state witness] depositions pursuant to C.R.S. § 13-16-122 and in particular subsection (l)(d) of that statute.”

Valentine v. Mountain States Mut. Cas. Co., 252 P.3d 1182 (Colo. Ct. App. 2011). · cites it 6× “They did not raise section 13-16-112, nor did they raise any other objection to the costs relating to the other witnesses.”

Sears v. Romer, 928 P.2d 745 (Colo. Ct. App. 1996). · cites it 24× “We note also that § 13-16-122, C.R.S. (1987 Repl.Vol. 6A), relied upon by Sears, applies to assessment of costs by a court of this state and that the applicable article of title 13 allows imposition of such costs in "civil actions.”

Am. Water Dev., Inc. v. City of Alamosa, 874 P.2d 352 (Colo. 1994). · cites it 11× “54(d) provides, “costs shall be allowed as of course to the prevailing party unless the court otherwise directs_” Section 13-16-122 lists those items includable as costs.”

Nguyen v. Reg'l Transp. Dist., 987 P.2d 933 (Colo. Ct. App. 1999). · cites it 5× “1993) (in holding that fees associated with discovery depositions were awardable, the court noted that list of items awardable as costs in § 13-16-122, C.R.S.1998, is illustrative rather than exclusive); § 13-16-122(l)(d), C.”

Catlin v. Tormey Bewley Corp., 219 P.3d 407 (Colo. Ct. App. 2009). · cites it 4× “Loan Interest Whether accrued interest on loans taken out by prevailing parties to finance their cases may be recovered as a cost has not been addressed in Colorado. For the following two reasons, we conclude that such interest is not a recoverable cost as a matter of law.”

City of Aurora v. Colorado State Eng'r, 105 P.3d 595 (Colo. 2005). · cites it 3× “of Colorado Water Conservancy District (“CCWCD”) is not entitled to any of the amounts contained in its bill of costs.”

Ferrell v. Glenwood Brokers, Ltd., 848 P.2d 936 (Colo. 1993). · cites it 8× “Ferrell's proposed statutory language easily could be misinterpreted as a wholesale abolition of the "American rule," whereby parties in litigation generally pay their own legal fees. In the American system, a party cannot recover his or her legal fees, whether as "costs" or…”

Morris v. Belfor USA Grp., Inc., 201 P.3d 1253 (Colo. Ct. App. 2008). · cites it 5× “Section 13-16-122, C.R.S.2008, sets forth a list of items awarda-ble as costs.”

Home Loan Inv. Co. v. St. Paul Mercury Ins., 78 F. Supp. 3d 1307 (D. Colo. 2014). · cites it 10× “Home Loan counters that costs not allowable under Rule 54(d) are recoverable here, because substantive state law applies, and its costs are recoverable under Section 1116.”

Farmers Reservoir & Irrigation Co. v. City of Golden, 113 P.3d 119 (Colo. 2005). · cites it 4× “This list includes: witness fees, expert witness fees, attorney fees as authorized by statute or court rule, and any item authorized by statute to be included as part of costs.”

GF Gaming Corp. v. Taylor, 205 P.3d 523 (Colo. Ct. App. 2009). · cites it 7× “§ 13-16-122, C.R.S.2008. The losing party is entitled to have the trial court make findings sufficient to disclose the basis for its decision to award costs and to support the amount awarded.”

Show all 72 citing cases →

— Colo. Rev. Stat. § 13-16-122(1) — 3 cases

Catlin v. Tormey Bewley Corp., 219 P.3d 407 (Colo. Ct. App. 2009). “Loan Interest Whether accrued interest on loans taken out by prevailing parties to finance their cases may be recovered as a cost has not been addressed in Colorado. For the following two reasons, we conclude that such interest is not a recoverable cost as a matter of law.”

Ballow v. PHICO Ins. Co., 878 P.2d 672 (Colo. 1994).

McCormick v. Bradley, 870 P.2d 599 (Colo. Ct. App. 1993).

— Colo. Rev. Stat. § 13-16-122(1)(b) — 1 case

Callaham v. First Am. Title Ins. Co., 837 P.2d 769 (Colo. Ct. App. 1992).

— Colo. Rev. Stat. § 13-16-122(1)(d) — 4 cases

Valentine v. Mountain States Mut. Cas. Co., 252 P.3d 1182 (Colo. Ct. App. 2011). “They did not raise section 13-16-112, nor did they raise any other objection to the costs relating to the other witnesses.”

First Citizens Bank & Trust Co. v. Stewart Title Guar. Co., 320 P.3d 406 (Colo. Ct. App. 2014).

Callaham v. First Am. Title Ins. Co., 837 P.2d 769 (Colo. Ct. App. 1992).

Fritzler v. Mitchell (In re Est. of Fritzler), 413 P.3d 163 (Colo. Ct. App. 2017).

— Colo. Rev. Stat. § 13-16-122(1)(e) — 2 cases

GF Gaming Corp. v. Taylor, 205 P.3d 523 (Colo. Ct. App. 2009). “§ 13-16-122, C.R.S.2008. The losing party is entitled to have the trial court make findings sufficient to disclose the basis for its decision to award costs and to support the amount awarded.”

— Colo. Rev. Stat. § 13-16-122(1)(f) — 1 case

Petruccelli v. JRF River Ranch (Colo. Ct. App. 2026).

— Colo. Rev. Stat. § 13-16-122(1)(g) — 1 case

Shultz v. Linden-Alimak, Inc., 734 P.2d 146 (Colo. Ct. App. 1986).

— Colo. Rev. Stat. § 13-16-122(1)(h) — 2 cases

Ferrell v. Glenwood Brokers, Ltd., 848 P.2d 936 (Colo. 1993). “Ferrell's proposed statutory language easily could be misinterpreted as a wholesale abolition of the "American rule," whereby parties in litigation generally pay their own legal fees. In the American system, a party cannot recover his or her legal fees, whether as "costs" or…”

12 CAW Equities v. City of Greenwood Vill., 2018 COA 42 (Colo. Ct. App. 2018).

— Colo. Rev. Stat. § 13-16-122(l)(d) — 1 case

Nguyen v. Reg'l Transp. Dist., 987 P.2d 933 (Colo. Ct. App. 1999). “1993) (in holding that fees associated with discovery depositions were awardable, the court noted that list of items awardable as costs in § 13-16-122, C.R.S.1998, is illustrative rather than exclusive); § 13-16-122(l)(d), C.”

— Colo. Rev. Stat. § 13-16-122(l)(e) — 5 cases

Am. Water Dev., Inc. v. City of Alamosa, 874 P.2d 352 (Colo. 1994). “54(d) provides, “costs shall be allowed as of course to the prevailing party unless the court otherwise directs_” Section 13-16-122 lists those items includable as costs.”

George v. Welch, 997 P.2d 1248 (Colo. Ct. App. 2000).

Gutierrez v. Bussey, 837 P.2d 272 (Colo. Ct. App. 1992).

Audio-Visual Sys., Inc. v. Hopper, 762 P.2d 696 (Colo. Ct. App. 1988).

— Colo. Rev. Stat. § 13-16-122(l)(f) — 2 cases

FERKINS v. Flatiron Structures Co., 849 P.2d 832 (Colo. Ct. App. 1992).

— Colo. Rev. Stat. § 13-16-122(l)(g) — 6 cases

Cherry Creek Sch. Dist. 5 v. Voelker Ex Rel. Voelker, 859 P.2d 805 (Colo. 1993). “” The court concluded that “it [had] inherent and discretionary authority to award the *809 costs of taking [out of state witness] depositions pursuant to C.R.S. § 13-16-122 and in particular subsection (l)(d) of that statute.”

Dorrance v. Fam. Athletic Club, 772 P.2d 667 (Colo. Ct. App. 1989).

Weber v. Wallace, 789 P.2d 427 (Colo. Ct. App. 1989).

Marshall v. Grauberger, 796 P.2d 34 (Colo. Ct. App. 1990).

Mem'l Gardens, Inc. v. Olympian Sales & Mgmt. Consultants, Inc., 661 P.2d 296 (Colo. Ct. App. 1983).

— Colo. Rev. Stat. § 13-16-122(l)(h) — 2 cases

United Bank of Denver, Nat'l Ass'n v. Colorado State Treasurer, 797 P.2d 851 (Colo. Ct. App. 1990).

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