Colorado § 13-16-113 - Costs upon dismissal or summary judgment.
Full text of Colorado Colorado Revised Statutes § 13-16-113 — Costs upon dismissal or summary judgment., with citation guidance and answers to common questions.
§ 13-16-113. Costs upon dismissal or summary judgment.
(1) In all cases where any action is dismissed for irregularity, or is nonprossed or nonsuited by reason that the plaintiff neglects to prosecute the same, the defendant shall have judgment for his costs.
(2) In all actions brought as a result of a death or an injury to person or property occasioned by the tort of any other person, where any such action is dismissed prior to trial under rule 12 (b) of the Colorado rules of civil procedure, the defendant shall have judgment for his costs. This subsection (2) shall not apply if a motion under rule 12 (b)(5) of the Colorado rules of civil procedure is treated as a motion for summary judgment and disposed of as provided in rule 56 of the Colorado rules of civil procedure.
Source: R.S. p. 155, § 13. G.L. § 335. G.S. § 409. R.S. 08: § 1059. C.L. § 6575. CSA: C. 43, § 5. CRS 53: § 33-1-13. C.R.S. 1963: § 33-1-13. L. 87: Entire section amended, p. 547, § 1, effective July 1.
ANNOTATION
Law reviews. For article, "1988 Update on Colorado Tort Reform Legislation — Part II", see 17 Colo. Law. 1949 (1988).
Award of costs for claims dismissed because of failure to prosecute is mandatory. Munoz v. Measner, 214 P.3d 510 (Colo. App. 2009), rev'd on other grounds, 247 P.3d 1031 (Colo. 2011).
The specific limitation in the second sentence of subsection (2) cannot reasonably be interpreted as a general prohibition extending to all motions for summary judgment brought under C.R.C.P. 56, and the defendant's entitlement to an award of costs was properly considered under C.R.C.P. 54(d). Spencer v. United Mortg. Co., 857 P.2d 1342 (Colo. App. 1993).
This section and § 13-17-201 mandate awards of attorney fees and costs and do not permit a reduction for work that may be used in companion litigation. Crandall v. City & County of Denver, 238 P.3d 659 (Colo. 2010).
Source: official Colorado text · Last verified 2026-08-27
Frequently Asked Questions About Colorado § 13-16-113
What does Colorado Revised Statutes § 13-16-113 cover?
Section 13-16-113 ("Costs upon dismissal or summary judgment.") is part of the Colorado Revised Statutes, the codified statutory law of Colorado. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Colorado § 13-16-113?
A common citation format is "Colorado Revised Statutes § 13-16-113" (Colorado). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Colorado law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Colorado official source linked on this page or consult a licensed Colorado attorney.
How does Colorado § 13-16-113 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Colorado can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Colorado.