About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

25 Colo. Law. 71 (1996)
Bill of Costs, The

handle is hein.barjournals/cololaw0025 and id is 2529 raw text is: TH C ....II. - ---- THE CIVIL LITIGATOR The Bill of Costs by Nancy E. Rice and Ellen Ostheimer Creager C olorado law allows prevailing plaintiffs and defendants to col- lect some of the costs of litiga- tion after the conclusion of a tri- al. In many instances, the costs that may be recovered amount to a sizable sum. Some attorneys are unsure about how to claim costs or which costs are recoverable, and, therefore, do not pursue this relief ag- gressively. Other attorneys list every con- ceivable expense, hoping that some will be awarded. This article is intended to clarify and simplify the law on costs and, by its or- ganization, suggest a mechanism by which costs can be more readily presented for a court's review.1 Statutory Framework for Costs CRS §§ 13-16-104 and 13-16-105, as in- corporated into Colorado Rules of Civil Procedure (C.R.C.P) 54(d), require a tri- al court to award costs to a prevailing par- ty. Section 13-16-104 concerns costs to be awarded to plaintiffs. Section 13-16-105 concerns costs to be awarded to defen- dants.2 In making its determination on costs, the trial court is guided by CRS § 13- 16-122(1).3 This statute sets forth a laun- dry list of potential, recoverable costs that the court may award in its discretion. Although the statute is detailed,4 it is intended to be illustrative and not exclu- sive.5 It is extremely important to note that, even when there is specific statutory authority for a particular cost, the trial judge need not award the amount re- quested.6 This is because the judge must always make a determination as to rea- sonableness before any cost is awarded.7 If a cost is excessive or unnecessary, it may not be awarded or may be reduced. In addition, as with most statutes, a substantial body of law that interprets Column Ed.: Richard Gabriel of Holme Roberts & Owen, Denver- (303) 861-7000 the statute has developed, and attorneys seeking costs must take care to consult the developing case law. Attorneys should understand, however, that the case law is, for the most part, very fact-specific and analyzes the cost award in terms of abuse of discretion. Thus, costs that were disap- proved in one case might very well be awardable in a different situation, and vice-versa. Because the award of costs is discretionary with the trial court, attor- neys seeking costs should be prepared to convince the trial judge that costs should be awarded and should not expect an au- tomatic award. How Judges Determine Awards of Costs Usually, a party claiming costs will sub- mit the request, commonly called a bill of costs, within fifteen days after the entry of judgment.8 The bill of costs is excluded from the time limits set forth in C.R.C.P. 59(j), which require the trial judge to de- termine post-trial motions within sixty days or have them deemed denied.9 It is not uncommon for the trial court to retain jurisdiction over cost disputes and awards even after an appeal has been filed.10 The bill of costs should itemize and to- tal the costs being claimed.1 In addition, to support an award of costs, a judge must often know when, and in what context, cer- tain costs were incurred. Even though the judge ruling on the bill of costs is usually the same judge who heard the trial, coun- sel must take care to provide, within the bill itself, or as exhibits thereto, the nec- essary foundation for the costs sought. An attorney seeking costs must provide the court with enough information and sup- porting documentation to allow the judge to make a reasoned decision about each cost item presented. Perhaps in an effort to follow the out- lines of CRS § 13-16-122(1), many bills of costs that are submitted are confusing, misleading, or too sketchy. This article an- alyzes the costs that arise in the course of a lawsuit and presents its analysis in a for- mat that the authors suggest can be used to organize bills in a manner that should make the process a more rational one for everyone. These costs are then discussed in terms of the circumstances of their awardability pursuant to the statute and the documentation necessary. Initial Costs Docket Fees The first cost to arise in any litigation is the docket fee. This fee is awardable pur- suant to CRS § 13-16-122(1)(a). No docu- mentation of this fee is necessary because the existence of the case is evidence that a docket fee was paid. Fee for Service of Process Service of process fees are awardable pursuant to CRS § 13-16-122(1)(i). Docu- mentation of this fee is, or should be, evi- dent from the court file containing returns of service. Fee for Required Publication Publication fees are awardable under CRS § 13-16-122(lXi). Again, this requires no documentation because it is evident from the order allowing service by publica- tion. Jury Fee Pursuant to CRS § 13-16-122(1)(b), the jury fee paid at the filing of an action12 is awardable. Documentation of this fee is Those wishing to submit articles con- cerning civil litigation for this column are encouraged to call the column edi- tor. This month's article was written by Denver District Court Judge Nancy E. Rice and her law clerk, Ellen Ostheimer Creager, (303) 640-2711. THE COLORADO LAWYER I NOVEMBER 1996/VOL. 25, No. 11 /71

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Already a HeinOnline Subscriber?

Log In

profiles profiles most