Where there are several counts in any declaration, and any of them are adjudged insufficient, or a verdict on any issue joined thereon is found for the defendant, costs shall be awarded in the discretion of the court.
Source: R.S. p. 155, § 9. G.L. § 331. G.S. § 405. R.S. 08: § 1063. C.L. § 6579. CSA: C. 43, § 9. CRS 53: § 33-1-9. C.R.S. 1963: § 33-1-9.
ANNOTATION
Where each party prevails in part an award of costs is committed to sole discretion of trial court and court's discretion remains unaffected by fact that judgment awarded to one party is larger than judgment awarded to the other. Husband v. Colo. Mtn. Cellars, 867 P.2d 57 (Colo. App. 1993).
When a case involves many claims, some of which are successful and some of which are not, it is left to the sole discretion of the trial court to determine which party, if any, is the prevailing party and whether costs should be awarded. Archer v. Farmer Bros. Co., 90 P.3d 228 (Colo. 2004).