Chapter 22 - EXHIBIT 22A • ITEMS INCLUDED AS COSTS UNDER C.R.S. § 13-16-122

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EXHIBIT 22A • ITEMS INCLUDED AS COSTS UNDER C.R.S. § 13-16-122

The authors and managing editor gratefully acknowledge the work of G. McCelvey (Mac) Hester, Esq., Ring & Associates, P.C., Fort Collins, CO, for use of his charts on Costs.

Item

Authority

Docket fees. Any fee required by

statute to be paid to the clerk of the

court.

C.R.S. § 13-16-122(a)

Jury fees and expense.

C.R.S. § 13-16-122(b)

Fees to sheriffs.

C.R.S. § 13-16-122(c)

Court reporter fees and transcripts.

C.R.S. § 13-16-122(d)

Witness fees, including subsistence

payments and mileage.

C.R.S. § 13-16-122(e)

Expert witness fees and expenses;

Experts testifying at trial.

C.R.S. § 13-16-122(e) approved pursuant to C.R.S. § 13-16-102(4)

Experts not testifying at trial.

C.R.S. § 13-16-122(e) approved pursuant to C.R.S. § 13-16-102(4).

Costs attributable to expert witness fees for expert witnesses that did

not testify at trial were properly awarded. These costs were

valuation expenses necessarily incurred by reason of the litigation

and were necessary for the proper preparation for trial. Fowler

Irrevocable Trust 1992-1 v. City of Boulder, 992 P.2d 1188 (Colo.

App. 1999), aff'd in part and rev'd in part on other grounds, 17

P.3d 797 (Colo. App. 2001).

Exemplification.

C.R.S. § 13-16-122(f).

Copies.

C.R.S. § 13-16-122(f)

Depositions for perpetuation of

testimony, including reporters' fees,

witness fees, expert witness fees,

mileage of witnesses, and sheriff

fees for service of subpoenas.

C.R.S. § 13-16-122(g)

"Discovery" depositions.

CURRENT LAW RECOVERABLE

Cherry Creek School District v. Voelker, 859 P.2d 805 (Colo.

1993); Harvey v. Farmers Ins. Exchange, 983 P.2d 34 (Colo. App.

1998), aff'd on other grounds sub nom. Stack v. Farmer's Ins.

Exchange, 5 P.3d 280 (Colo. 2000).

OLD LAW NOT RECOVERABLE

Weber v. Wallace, 789 P.2d 427 (Colo. App. 1989).

RECOVERABLE FOR PERPETUATION OF TESTIMONY

Schultz v. Linden-Allmark, Inc., 734 P.2d 146 (Colo. App. 1986);

Frontier Exploration v. American Nat., 849 P.2d 887 (Colo. App.

1992) ; Spencer v. United Mortgage Co., 857 P.2d 1342 (Colo. App.

1993) .

Videotaped depositions.

CURRENT LAW RECOVERABLE

Same rationale as Cherry Creek School District v. Voelker, 859 P.2d

805 (Colo. 1993); Harvey v. Farmers Ins. Exchange, 983 P.2d 34

(Colo. App. 1998), aff'd on other grounds sub nom. Stack v.

Farmer's Ins. Exchange, 5 P.3d 280 (Colo. 2000).

No known current case...

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