In no case in the district court shall the fees of more than four witnesses be taxed against the party against whom judgment is given for costs, unless the court certifies on its minutes that more than four witnesses were really necessary, in which case the clerk shall tax the costs of as many witnesses as the court so certifies.
Source: R.S. p. 155, § 12. G.L. § 334. G.S. § 408. R.S. 08: § 1062. C.L. § 6578. CSA: C. 43, § 8. CRS 53: § 33-1-12. C.R.S. 1963: § 33-1-12.
ANNOTATION
The section is confined to civil cases, and it is not the intention of the general assembly to extend it to criminal proceedings. Had it been thought necessary and proper, it would have been embraced in the criminal code. Parker v. People, 7 Colo. App. 56, 42 P. 172 (1895).
Hearing upon remand considered separate hearing. Under this section, a hearing held after remand was a separate hearing, and plaintiff would be entitled to use such witnesses as may be considered necessary by him to present his evidence, subject to the restriction contained in this section. Yeager Garden Acres, Inc. v. Summit Constr. Co., 32 Colo. App. 242, 513 P.2d 458 (1973).
Award for fees of eight witnesses without specific finding for their necessity held to be error in child custody hearing. Weber v. Wallace, 789 P.2d 427 (Colo. App. 1989).
Record of trial court was not sufficient to determine which costs were allowed and whether they were reasonable and permitted by statute, thereby requiring a remand to the trial court to make findings under this section and § 13-16-112. Fenton v. Fibreboard Corp., 827 P.2d 564 (Colo. App. 1991).
Applied in Denver Urban Renewal Auth. v. Hayutin, 40 Colo. App. 559, 583 P.2d 296 (1978).