(1) to (3) (Deleted by amendment, L. 2010, (HB 10-1291), ch. 325, p. 1505, § 1, effective July 1, 2010.)
(4) Witnesses in courts of record called to testify only to an opinion founded on special study or experience in any branch of science or to make scientific or professional examinations and state the result thereof shall receive compensation, to be fixed by the court, with reference to the value of the time employed and the degree of learning or skill required.
(5) Witness fees for attending criminal trials in any court of record, except a municipal court or the county court of the city and county of Denver, shall be paid as costs as provided in section 16-18-101, C.R.S.
(6) Notwithstanding the provisions of subsections (4) and (5) of this section, the witness fee specified in this section shall not be paid to any witness who at the time of testifying is in the legal custody of any state or federal agency or any local law enforcement agency and whose transportation to court is provided at government expense.
Source: L. 1891: p. 215, § 11. R.S. 08: § 2542. C.L. § 7906. L. 33: p. 900, § 1. CSA: C. 66, § 46. CRS 53: § 56-6-2. C.R.S. 1963: § 56-6-2. L. 64: p. 386, § 19. L. 71: p. 320, § 5. L. 88:
(2) amended, p. 1124, § 3, effective April 4. L. 91: (1) amended, p. 358, § 17, effective April 9. L. 98: (6) added, p. 947, § 3, effective May 27. L. 2010: (1), (2), (3), (4), and (6) amended, (HB 10-1291), ch. 325, p. 1505, § 1, effective July 1.
Cross references: For classification of counties fixing fees, see § 30-1-101.
Notes of Decisions
Cited in
21
cases (
1 in the last 5 years), 1975–2025 · leading case:
Simon v. Coppola, 876 P.2d 10 (Colo. Ct. App. 1994).
Simon v. Coppola, 876 P.2d 10 (Colo. Ct. App. 1994).
· cites it 6× “Section 13-33-102(4), C.R.S. (1987 Repl.Vol.”
Moore v. W. Forge Corp., 192 P.3d 427 (Colo. Ct. App. 2007).
· cites it 10× “2006), where the division concluded that costs for a testifying expert's assistant are not authorized by section 13-33-102(4), C.R.S.2007. See also Perkins v.”
Am. Water Dev., Inc. v. City of Alamosa, 874 P.2d 352 (Colo. 1994).
· cites it 8× ““[C]harges for expert witnesses approved pursuant to section 13-33-102(4)” are ex *389 pressly allowed as costs under section 13-16-122(l)(e).”
In Re Est. of Breeden v. Gelfond, 87 P.3d 167 (Colo. Ct. App. 2003).
· cites it 2× “Furthermore, if a party pays a monetary judgment, such an action may render an appeal from that judgment moot and rob the appellate court of jurisdiction because of a lack of a justiciable controversy.”
Short v. Kinkade, 685 P.2d 210 (Colo. Ct. App. 1983).
· cites it 8× “Section 13-33-102(4), C.R.S.1973, states that: *215 "Witnesses in courts of record called to testify only to an opinion founded on special study or experience in any branch of science or to make scientific or professional examinations and state the result thereof shall receive…”
Cherry Creek Sch. Dist. 5 v. Voelker Ex Rel. Voelker, 859 P.2d 805 (Colo. 1993).
· cites it 2× “; (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…”
Home Loan Inv. Co. v. St. Paul Mercury Ins., 78 F. Supp. 3d 1307 (D. Colo. 2014).
· cites it 5× “Expert Witness Fees Section 1116 does not explicitly authorize the recovery of expert witness fees, but Colo.Rev.Stat. § 13-33-102(4) does provide for additional compensation for expert witnesses.”
FERKINS v. Flatiron Structures Co., 849 P.2d 832 (Colo. Ct. App. 1992).
· cites it 4× “And, since that expert’s opinions were based upon his training as an engineer and his years of studying and working in the area of traffic safety, he was entitled to fees under § 13-33-102, C.R.S. (1987 Repl.Vol. 6A). We agree with plaintiffs’ contention, however, that fees for…”
Shultz v. Linden-Alimak, Inc., 734 P.2d 146 (Colo. Ct. App. 1986).
· cites it 2× “Awarded to Linden-Alimak, A.B., were “trial preparation” fees for Ruggles ($500), Frazier ($500), and Shuster ($750).”
Denver Urban Renewal Auth. v. Hayutin, 583 P.2d 296 (Colo. Ct. App. 1978).
· cites it 2× “While the statute [§ 13-33-102(4), C.R.S.1973] allows expert witness fees, the property owner will not be fully indemnified for any unusual compensation which he might choose to pay his expert witnesses.”
— Colo. Rev. Stat. § 13-33-102(4) — 18 cases
Simon v. Coppola, 876 P.2d 10 (Colo. Ct. App. 1994).
“Section 13-33-102(4), C.R.S. (1987 Repl.Vol.”
Moore v. W. Forge Corp., 192 P.3d 427 (Colo. Ct. App. 2007).
“2006), where the division concluded that costs for a testifying expert's assistant are not authorized by section 13-33-102(4), C.R.S.2007. See also Perkins v.”
Am. Water Dev., Inc. v. City of Alamosa, 874 P.2d 352 (Colo. 1994).
““[C]harges for expert witnesses approved pursuant to section 13-33-102(4)” are ex *389 pressly allowed as costs under section 13-16-122(l)(e).”
Short v. Kinkade, 685 P.2d 210 (Colo. Ct. App. 1983).
“Section 13-33-102(4), C.R.S.1973, states that: *215 "Witnesses in courts of record called to testify only to an opinion founded on special study or experience in any branch of science or to make scientific or professional examinations and state the result thereof shall receive…”
— Colo. Rev. Stat. § 13-33-102(5) — 1 case
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