(1) All jurors entitled to compensation for mileage in accordance with the "Colorado Uniform Jury Selection and Service Act", article 71 of this title, and all witnesses shall receive, in counties of every class, the same base mileage allowance amount as provided for state officers and employees under section 24-9- 104, C.R.S., for each mile actually and necessarily traveled in going from his or her place of residence to the place named in the summons or subpoena and in returning to such place of residence.
(2) No officer of the courts, in which the cause is pending and on which he is in actual attendance in his official capacity, including clerks, sheriffs, bailiffs, jurors, and police officers, shall be entitled to witnesses' fees or mileage as a witness in any criminal case.
(3) No witness before a coroner, commissioner, or magistrate shall be allowed fees unless such witness claims the same under oath before the adjournment of the court.
(4) No witness in any court of record shall be allowed fees unless such witness claims the same under oath, then only for the number of days such witness actually attended such court in the capacity of a witness.
(5) No witness testifying in more than one criminal case on the same day shall be entitled to receive fees as a witness for more than one day by reason thereof, nor more than one day's attendance on any day, though attending in several cases.
(6) The mileage fee 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, § 12. R.S. 08: § 2543. C.L. § 7907. CSA: C. 66, § 47. CRS 53: § 56-6-3. C.R.S. 1963: § 56-6-3. L. 64: p. 387, § 20. L. 89: (1) amended, p. 775, § 7, effective January 1, 1990. L. 91: (3) amended, p. 359, § 18, effective April 9. L. 98: (6) added, p. 947, § 4, effective May 27. L. 99: (1) amended, p. 680, § 1, effective July 1.
Notes of Decisions
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…”
Am. Water Dev., Inc. v. City of Alamosa, 874 P.2d 352 (Colo. 1994).
· cites it 2× “(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; [[Image here]] (e) The…”
Welch v. George, 19 P.3d 675 (Colo. 2000).
· cites it 4× “Furthermore, section 13-16-122 refers to section 18-38-1038 and provides that mileage expenses may be awarded to witnesses "at the rate authorized by section 13-33-103." The legislative history of section 13-16-122 does not show an intent to repeal the subpoena requirement; to…”
Great W. Sugar Co. v. N. Nat. Gas Co., 661 P.2d 684 (Colo. Ct. App. 1983).
· cites it 2× “However, the trial court’s order made no findings as to the reasonableness of the fee that GW’s expert charged. Thus, we are unable to determine whether the court abused its discretion in the determination of the amount awarded to GW.”
Crawford v. French, 633 P.2d 524 (Colo. Ct. App. 1981).
· cites it 3× “Section 13-33-103, C.R.S.1973. Where the trial wit *527 ness is from out of the state and is not under subpoena, he is not entitled to any mileage fee.”
Collins v. Bandy, 890 P.2d 266 (Colo. Ct. App. 1995).
· cites it 3× “The trial court granted petitioners witness fees, but denied their request for mileage allowances.”
George v. Welch, 997 P.2d 1248 (Colo. Ct. App. 2000).
· cites it 2× “The statute on which the cases rely, § 13-33-103, C.R.S.1999, addresses payment of jurors’ and witnesses’ mileage fees out of state funds and does not, in our view, specifically prohibit a court from including travel expenses in the costs that a losing party must pay.”
Crah, by Pueblo Cnty., Etc. v. Pmm, 647 P.2d 239 (Colo. Ct. App. 1981).
· cites it 2× “Under § 13-33-103, C.R.S.1973, out-of-state witnesses not under subpoena are not entitled to a mileage fee.”
AECOM Technical Servs., Inc. v. Flatiron AECOM, LLC (D. Colo. 2025).
· cites it 2× “; (d) Any fees of the court reporter for all or any part of the 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…”
— Colo. Rev. Stat. § 13-33-103(1) — 1 case
Collins v. Bandy, 890 P.2d 266 (Colo. Ct. App. 1995).
“The trial court granted petitioners witness fees, but denied their request for mileage allowances.”
— Colo. Rev. Stat. § 13-33-103(4) — 1 case
Great W. Sugar Co. v. N. Nat. Gas Co., 661 P.2d 684 (Colo. Ct. App. 1983).
“However, the trial court’s order made no findings as to the reasonableness of the fee that GW’s expert charged. Thus, we are unable to determine whether the court abused its discretion in the determination of the amount awarded to GW.”
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