Colorado § 13-16-113 Costs upon dismissal or summary judgment

Colorado Statutes

§ 13-16-113 — Costs upon dismissal or summary judgment

Colorado·Title 13 Courts·Art. Costs - Civil Actions

(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.

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(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.

Colorado § 13-16-113 (Costs upon dismissal or summary judgment) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

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.