Colorado § 13-16-114 - Costs in equity.
Full text of Colorado Colorado Revised Statutes § 13-16-114 — Costs in equity., with citation guidance and answers to common questions.
§ 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.
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).
Frequently Asked Questions About Colorado § 13-16-114
What does Colorado Revised Statutes § 13-16-114 cover?
Section 13-16-114 ("Costs in equity.") 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 § 13-16-114?
A common citation format is "Colorado Revised Statutes § 13-16-114" (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 § 13-16-114 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.