(1) In all cases where any action is dismissed for irregularity, or is nonprossed or nonsuited by reason that the plaintiff neglects to prosecute the same, the defendant shall have judgment for his costs.
(2) In all actions brought as a result of a death or an injury to person or property occasioned by the tort of any other person, where any such action is dismissed prior to trial under rule 12 (b) of the Colorado rules of civil procedure, the defendant shall have judgment for his costs. This subsection (2) shall not apply if a motion under rule 12 (b)(5) of the Colorado rules of civil procedure is treated as a motion for summary judgment and disposed of as provided in rule 56 of the Colorado rules of civil procedure.
Source: R.S. p. 155, § 13. G.L. § 335. G.S. § 409. R.S. 08: § 1059. C.L. § 6575. CSA: C. 43, § 5. CRS 53: § 33-1-13. C.R.S. 1963: § 33-1-13. L. 87: Entire section amended, p. 547, § 1, effective July 1.
ANNOTATION
Law reviews. For article, "1988 Update on Colorado Tort Reform Legislation — Part II", see 17 Colo. Law. 1949 (1988).
Award of costs for claims dismissed because of failure to prosecute is mandatory. Munoz v. Measner, 214 P.3d 510 (Colo. App. 2009), rev'd on other grounds, 247 P.3d 1031 (Colo. 2011).
The specific limitation in the second sentence of subsection (2) cannot reasonably be interpreted as a general prohibition extending to all motions for summary judgment brought under C.R.C.P. 56, and the defendant's entitlement to an award of costs was properly considered under C.R.C.P. 54(d). Spencer v. United Mortg. Co., 857 P.2d 1342 (Colo. App. 1993).
This section and § 13-17-201 mandate awards of attorney fees and costs and do not permit a reduction for work that may be used in companion litigation. Crandall v. City & County of Denver, 238 P.3d 659 (Colo. 2010).