Rule 39. Costs

(a) Against Whom Assessed. The following rules apply unless the law provides or the court orders otherwise:

(1) if an appeal is dismissed, costs are taxed against the appellant unless the parties agree otherwise;

(2) if a judgment is affirmed, costs are taxed against the appellant;

(3) if a judgment is reversed, costs are taxed against the appellee;

(4) if a judgment is affirmed in part, reversed in part, modified, or vacated, costs are taxed only as ordered by the trial court.

(b) Costs for and Against the State of Colorado. Costs for or against the State of Colorado or any of its agencies or officers will be assessed under subsection (a) only if authorized by law.

(c) Costs on Appeal Taxable in the Trial Court.

(1) Costs Allowed. The following costs on appeal are taxable in the trial court for the benefit of the party entitled to costs under this rule:

(A) the preparation and transmission of the record;

(B) the reporter's transcript, if needed to determine the appeal;

(C) premiums paid for a supersedeas or other bond to preserve rights pending appeal;

(D) docket fees charged pursuant to C.A.R. 12(a);

(E) fees charged for E-Filing and E-Service as defined in C.A.R. 30(a); and

(F) any item specifically authorized by statute or rule to be included as part of the costs.

(2) Bill of Costs. A party who wants costs to be taxed in the appellate court must file an itemized and verified bill of costs with the clerk of the trial court. The cost of printing or otherwise producing necessary copies of the record is taxable at rates not higher than those generally charged for such work in Denver. The bill of costs and proof of service must be filed within 14 days after entry of the appellate mandate. Any objection must be filed within 14 days after service of the bill of costs. Upon request of the trial court clerk, the clerk of the appellate court will provide a receipt reflecting docket fees paid pursuant to Rule 12 and fees paid for E-Filing and E-Service.

Committee Notes

Source: (c) and (e) amended May 15, 1986, effective November 1, 1986; (c) amended