2021 Colorado Code
Title 13 - Courts and Court Procedure
Article 16 - Costs- Civil Actions
§ 13-16-114. Costs in Equity
Upon the complainant dismissing his bill in equity or the defendant dismissing the same for want of prosecution, the defendant shall recover against the complainant full costs; and, in all other cases in equity not otherwise directed by law, it is in the discretion of the court to award costs or not.
History. Source: R.S. P. 155, § 14. G.L. § 336. G.S. § 410. R.S. 08: § 1060. C.L. § 6576. CSA: C. 43, § 6. CRS 53: § 33-1-14 . C.R.S. 1963: § 33-1-14 .
ANNOTATION
In an equity case the taxation of costs ordinarily rests in the sound discretion of the court, and its action in assessing the fees of expert witnesses as a part of the costs will not be disturbed on review where no abuse of discretion appears. Union Exploration Co. v. Moffat Tunnel Imp. Dist., 104 Colo. 109 , 89 P.2d 257 (1939).
For a court of equity charging costs of surveyor to losing party, see Moore v. Burritt, 106 Colo. 413 , 105 P.2d 1084 (1940).
C.R.C.P. 68 applies only to actions at law which seek a money judgment. Court held to be correct in refusing to apply said rule to dissolution of marriage proceeding which is an action in equity that does not seek a money judgment at law. Such cases are governed by this section which authorizes court to award costs or not. In re Marshall, 781 P.2d 177 (Colo. App. 1989), cert. denied, 794 P.2d 1011 (Colo. 1990).
