Colorado Rules of Evidence - JD Porter LLC (2023)

Rule 101. Applicability

These rules govern proceedings in all courts in the state of Colorado, to the extent and with the exceptions set forth in rule 1101.

Rule 102. Object and structure

These rules should be construed to ensure fairness in administration, eliminate undue costs and delays, and encourage the growth and development of the law of evidence so that the truth is established and proceedings are decided fairly.

Rule 103. Decisions on evidence

(a) Effect of an Erroneous Decision. The error may not be based on a decision that admits or excludes evidence, unless an essential right of the party is affected, and

(1) Objection. In the event evidence is obtained, a timely objection or strike request setting forth the specific reason for the objection is filed if the specific reason for the objection is not apparent from the context; either

(2) Offer of Evidence. If it is about exclusion of evidence, was the evidentiary content made known to the court through an offer or did it emerge from the context in which the questions were asked? Once the court has made a final decision to admit or exclude evidence, during or before court proceedings, a party need not renew an objection or offer of evidence to maintain an erroneous appeal claim.

(b) Registry of proposals and decisions. The court may add any other or further explanation that clarifies the nature of the evidence, the way in which it was offered, the objection raised and the decision on it. You can guide the presentation of an offer in the form of questions and answers.

(c) Jury hearing. To the extent possible, jury proceedings will be conducted in a manner that prevents improper evidence from being presented to the jury in any way, such as depositions or offers of evidence, or by asking questions at the jury hearing.

(d) Simple mistake. Nothing in this rule prevents obvious errors affecting substantive rights from being noticed even if they have not been brought to the attention of the court.

Rule 104. Preliminary issues

(a) Questions of admissibility in general. Preliminary issues relating to the suitability of a person as a witness, the existence of a privilege or the admissibility of evidence will be resolved by the court, subject to the provisions of section b). It is not bound in its conclusion by rules of proof other than those of privilege.

(b) Relevance based on facts. When the relevance of the evidence depends on the fulfillment of a factual condition, the court must admit it if sufficient evidence is presented to support the conclusion that the condition is fulfilled.

(c) Jury hearing. In all cases, hearings on the admissibility of the confessions will take place outside of the jury hearing. Interrogations in other matters will be carried out if the interests of the administration of justice so require or if an accused is a witness if so requested.

(d) Testimony of the Defendant. By testifying on a prior matter, the defendant is not cross-examined on other matters.

(e) Weight and Credibility. This rule does not limit the right of a party to present to the jury relevant evidence for weight or credibility.

Rule 105. Limited admissibility

If evidence is admitted that is admissible to one party or for one purpose but not admissible to the other party or for any other purpose, the court, upon request, will limit the evidence to its reasonable length and direct the jury accordingly.

Rule 106. Remnants or Related Writings or Recorded Explanations

If a party files a written or recorded statement or part thereof, the opposing party may require it to file another part or other written or recorded statement at that time that should be considered fairly contemporaneous with it.

Rule 201. Judicial Announcement of Relevant Facts

(a) Scope of the Rule. This rule only regulates the judicial announcement of facts relevant to the decision.

(b) Types of Facts. A judicially established fact must be a fact that is not subject to reasonable dispute because it is (1) common knowledge within the territorial jurisdiction of the judicial proceeding, or (2) accurate through recourse to sources whose accuracy cannot reasonably be questioned, and can be easily determined.

(c) Yes at its sole discretion. A court may issue a judicial notice upon or without request.

(d) When Required. A court will issue an injunction if requested by a party and provided with the necessary information.

(e) Opportunity to be heard. Upon timely request, a party has the right to be heard regarding the correctness of the judicial notice and the facts of the service. In the absence of prior notification, the request may be made after a court order has been issued.

(f) Awareness time. Legal notice can be given at any stage of the process.

(g) Teaching Jury. In a civil lawsuit or trial, the court orders the jury to accept as conclusive all the facts found by the court. In a criminal trial, the court instructs the jury that they may, but need not, accept any fact found by the court to be conclusive.

Rule 301. Presumptions in civil lawsuits and proceedings in general

In any civil action or proceeding not otherwise provided by law or these Rules, a presumption places the burden of proof on the party against whom it is made to rebut or satisfy the presumption, but does not shift the burden of proof to that party. the proof in the sense of the risk of non-conviction subsisting throughout the process with the party to whom it was originally addressed.

Rule 401. Definition of "Relevant Evidence"

"Relevant evidence" is evidence that tends to make the existence of a fact relevant to establishing the act more or less probable than it would be without the evidence.

Rule 402. Generally Admissible Relevant Evidence; Irrelevant Evidence Inadmissible

All relevant evidence is admissible, except as otherwise provided by the United States Constitution, the Colorado Constitution, these regulations, or any other rule prescribed by the Supreme Court or statutes of the state of Colorado. Irrelevant tests are not allowed.

Rule 403. Exclusion of Relevant Evidence due to Prejudice, Confusion or Loss of Time

Evidence, while relevant, may be excluded if its probative value is significantly outweighed by the risk of unfair prejudice, factual confusion, or jury deceit, or considerations of undue delay, waste of time, or unnecessary production of cumulative evidence.

Rule 404. Evidence of character not allowed to prove conduct; exceptions; other crimes

(a) General Character Test. Evidence of a person's character, or any characteristic of his character, is not admissible to show that he acted accordingly on a particular occasion, except:

(1) Character of the defendant. In a criminal proceeding, the defendant or prosecutors offer evidence of a relevant characteristic of his character to rebut it, or when a defendant offers evidence of the character of the alleged victim of assault or violence and offers it under rule 404 ( a ) (2), Proof of the same character trait of the defendant offered by the prosecution;

(2) Character of the alleged victim. In criminal proceedings, evidence of a relevant character trait of the alleged crime victim offered by a defendant or by prosecutors to refute it, or evidence of a character trait of the alleged victim's peaceful character offered by prosecutors in a murder case to provide evidence to disprove that the alleged victim was the first offender;

(3) Character of the witness. Proof of witness quality according to Rules 607, 608 and 13-90-101.

(b) Other crimes, grievances or acts. The proof of any other crime, tort or action is not admissible to prove the character of a person, to show that he acted in accordance with it. However, it may be admissible for other purposes, such as demonstrating motive, opportunity, intent, preparation, plan, knowledge, identity or the absence of error or accident, provided that, at the request of the accused, the persecution must take place in a criminal proceeding. . before the trial or during the main hearing, if the court excuses the preliminary hearing for valid reasons, within a reasonable time, of the general nature of the evidence that it intends to bring to the main hearing.

Rule 405. Character test methods

(a) Reputation or Opinion. In all cases where proof of a person's character or characteristic is admissible, the proof may be provided by a statement of character or by a statement in the form of an expert report. Cross-examination allows investigation of specific relevant conduct.
(b) Special conduct. Except as limited by §§ 16-10-301 and 18-3-407, in cases where a person's character or characteristic is an essential element of an allegation, claim, or defense, specific evidence may also be provided such as instances of that person's conduct. .

Rule 406. Habit; routine practice

Evidence of a person's custom or an organization's routine practice, whether confirmed or not, and notwithstanding the presence of eyewitnesses, is relevant to demonstrating that the person's or organization's conduct in a particular occasion was consistent with custom or routine practice.

Rule 407. Subsequent appeals

If action is taken after an event that would have made the event less likely, evidence of subsequent actions to demonstrate negligent or culpable conduct in connection with the event will not be admissible. This rule does not require the exclusion of evidence of subsequent actions when it is offered for another purpose, such as

Rule 408. Settlement and Offers of Settlement

(a) Prohibited Uses. The following evidence will not be admissible on behalf of a party when offered to prove the liability, invalidity or amount of any claim the validity or amount of which has been impugned or imputed by any prior conflicting statement or objection: (

(1) give, offer or promise to accept, or offer or promise to accept, any valuable consideration to bind or attempt to bind the Claim; AND

(2) conduct or statements in lawsuit settlement hearings, except when offered in criminal proceedings and hearings related to a lawsuit by a public agency or authority in the exercise of regulatory, investigative, or enforcement powers.

(b) Permitted Uses. This rule does not require a disclaimer when the evidence is offered for purposes not prohibited by subsection (a). Examples of permissible purposes are to prove the bias or partiality of a witness; denial of a claim of unreasonable delay; and evidence of an attempt to obstruct a criminal investigation or prosecution.

Rule 409. Payment of Medical and Similar Expenses

Evidence of the provision, offer or promise to pay medical, hospital or similar expenses resulting from an injury is not acceptable to establish liability for the injury.

Rule 410. Offer to plead guilty; I will not contend; confessions withdrawn

Except as provided by Colorado state law, evidence of a later withdrawn guilty or no-contest plea, or an offer to plead guilty or no-contest to the charged crime or other crime, or from statements made in connection with any cause of An action or offer made with any of the foregoing will not be admissible in any civil or criminal claim, case or proceeding brought against the person who made the cause of action or offer. This rule does not apply to the taking of voluntary and reliable testimony related to any of the foregoing causes of action or offers made for the purpose of prosecution or in a subsequent criminal proceeding of the deponent for perjury or perjury.

Rule 411. Civil Liability Insurance

Proof that a person was or was not insured by liability insurance is not admissible when it comes to the question of whether they acted negligently or wrongfully. This rule does not require the exclusion of evidence of liability insurance when offered for another purpose, such as

Rule 501. Privileges are only honored in the manner intended

Except as otherwise provided in the United States Constitution, the Colorado Constitution, the statutes of the State of Colorado, the rules prescribed by the Supreme Court of the State of Colorado pursuant to constitutional authority, or the principles of law of the Commonwealth administered by the courts of the state of Colorado in the light of reason and experience, no person has the privilege:

(1) refusing to be a witness; either

(2) refuse to disclose any matter; either

(3) refuse to produce any item or document; either

(4) Prevent others from witnessing or revealing things or presenting objects or documents.

Rule 502. Attorney-client privilege and work product; exemption restrictions

The following provisions apply to disclosure of a message or information that falls under attorney-client privilege or reference protection.

(a) disclosure in any proceeding in Colorado or to any office or agency in Colorado; Scope of a waiver. If the disclosure is made in a proceeding in Colorado or to a Colorado state, county, or local government office or agency and attorney-client privilege or work product protection is waived, the waiver of any communication or information Undisclosed extends to proceed to a Colorado only if:

(1) the resignation is intentional;

(2) the disclosed and undisclosed communications or information relate to the same topic; AND

(3) They should, in fairness, be considered together.

(b) Accidental Disclosure. If the disclosure is made in a Colorado proceeding or to a Colorado state, county, or local government office or agency, the disclosure will not function as a waiver in a Colorado proceeding if:

(1) the disclosure is unintentional;

(2) the holder of the privilege or protection has taken reasonable steps to prevent disclosure; AND

(3) the Holder has immediately taken reasonable steps to correct the error, including (if applicable) in accordance with C.R.C.P. 26(b)(5)(B).

(c) Disclosure in a federal or other governmental proceeding. If the disclosure is made in a proceeding in a federal or state court and is not subject to a court order regarding the release, the disclosure will not be a release in any Colorado proceeding if the disclosure:

(1) it would not be a waiver under this rule if made in a Colorado proceeding; either

(2) is not a waiver under the law governing the state or federal proceeding in which the disclosure occurred.

(d) Controlling effect of a court order. A Colorado court may order that the privilege or protection of disclosure not be waived in connection with litigation before the court, in which case disclosure does not constitute a waiver in any other proceeding.

(e) Dominant Effect of a Party Agreement. An agreement on the effects of disclosure in a Colorado proceeding is binding only on the parties to the agreement unless it is incorporated into a court order.

(f) Definitions. In this rule:

(1) "Attorney-client privilege" means the protection provided by Applicable Law for confidential attorney-client communications; AND

(2) “Work Product Protection” means the protection provided by applicable law for tangible material (or its intangible equivalent) created in anticipation of litigation or for the purpose of judicial proceeding.

Rule 601. General Jurisdiction Rule

Any person shall have authority to be a witness, except as provided in these Rules or in a statute of the state of Colorado.

Rule 602. Lack of personal knowledge

A witness may not testify on a matter unless sufficient evidence is presented to support a determination that they have personal knowledge of the matter. Proof of personal knowledge may, but need not, consist of the testimony of the witness himself. This rule is subject to the provisions of rule 703 regarding expert opinions.

Rule 603. Oath or Confirmation

Every witness must, before testifying, declare under oath or security that he will testify truthfully, in a way that may awaken his conscience and convince him of his duty.

Rule 604. Interpreter

An interpreter is subject to the provisions of these Rules relating to qualification as an expert witness and the oath or guarantee that he will provide an accurate translation.

Rule 605. Jurisdiction of the judge as a witness

The presiding judge may not testify as a witness in this trial. No objection is necessary to uphold the point.

Rule 606. Jury Jurisdiction as Witness

(a) At trial. A juror may not testify before that juror at the hearing of the case in which the jury sits. No objection is necessary to uphold the point.

(b) Investigate the validity of the sentence or accusation. When inquiring into the validity of a verdict or an indictment, a juror shall not testify as to any matter or statement arising in the course of the jury's deliberations, or the effect of anything on his or any other person's thoughts or feelings. juror who influenced your consent. o Disagree with the verdict or charge or with respect to its associated thought processes. But a juror may testify (1) if the juror was made aware of inappropriate adverse information, (2) if outside influence was unlawfully exerted on a juror, or (3) if there was an error in the verdict entry of the juror. court on the sentencing form. A jury affidavit or evidence in support of jury testimony on a matter to which the jury could not testify will not be taken.

Rule 607. Who can accuse

The credibility of a witness can be attacked by any party, including the calling party. Leading questions can serve to attack this credibility.

Rule 608. Evidence of the character and conduct of a witness

(a) Opinion and Reputation Test. The credibility of a witness may be challenged or supported by evidence in the form of opinion or reputation, but is subject to these limitations: (1) the evidence must relate only to the character of truth or falsehood, and (2) the evidence of the character truthful is allowed only after the truthfulness of the witness has been attacked by evidence of opinion or reputation or otherwise.

(b) Special conduct. Certain instances of conduct by a witness for the purpose of attacking or supporting the truthfulness of the witness, other than a conviction for a criminal offense under Section 13-90-101, will not be proven by external evidence. However, they may, at the discretion of the court, if they conclude as to truth or falsehood, cross-examine the witness (1) as to the character of the witness as to truth or falsehood, or (2) as to character as to to the truth or falsehood of another witness as to what character the cross-examined witness - charge testified when examined in connection with matters relating solely to the character of truth.

Rule 609. No Colorado rule is codified

Rule 610. Religious beliefs or opinions

Evidence of a witness's beliefs or opinions on religious matters is not acceptable to show that, by its nature, his credibility is diminished or enhanced.

Rule 611. Form and order of examination and presentation

(a) Judicial review. The court exercises appropriate control over the manner and order of hearing witnesses and presenting evidence to (1) make the hearing and presentation effective in establishing the truth, (2) avoid wasting time, and (3) protect witnesses from undue harassment or embarrassment.

(b) Scope of cross-examination. Cross-examination should be limited to the subject of direct examination and to matters affecting the credibility of the witness. The court, in the exercise of its discretion, may allow additional issues to be examined as in a direct examination.

(c) Guiding questions. Lead questions should not be used in the face-to-face examination of a witness unless it is necessary to reinforce the witness's testimony. Trick questions should be allowed to be cross-examined. When one of the parties calls an enemy witness, an opposing party or a witness identified with an opposing party, the questioning may be carried out by leading questions.

Rule 612. Writing to refresh memory

If a witness uses writing to jog his memory for the purpose of testifying, either -

(1) during the declaration, or

(2) Before testifying, if the court considers it necessary in the interest of the administration of justice, the opposing party shall have the right to have the document produced at the hearing, to examine it, to question the witness about it and to Hear the parties as evidence to present that relates to the testimony of the witness. If the document is alleged to contain matters unrelated to the subject of the testimony, the court examines the document in camera, abbreviates the unrelated parts, and orders the remainder to be extradited to the party entitled to do so. A part withheld due to appeals will be retained and made available to the Court of Appeals on appeal. If a document is not prepared or delivered pursuant to this rule, the court will comply with any order that is required, except that in criminal cases, if the prosecution decides not to comply, the order is testimony, or, if the court, to In its absolute discretion, it determines that the interests of the judiciary require it and declares the nullity of the trial.

Rule 613. Previous testimony of witnesses

(a) Interviewing witnesses about past conflicting testimony for prosecution purposes. Before a witness can be heard for a prior prosecution based on conflicting testimony, the examiner must inform the witness of the specific time, occasion, place, and person about whom the testimony was given. As part of this basis, the examiner may refer to the testimony to alert the witness to allegedly conflicting prior testimony. You can specify the exact language of the above declaration. If the witness questions or does not remember making the above statement, external evidence is admissible, such as a statement proving the expression of the above evidence. However, if a witness admits to making the above statement, additional external evidence that the above statement was made is inadmissible.

Denying or not remembering the above statement is a prerequisite for presenting external evidence to prove that the above contradictory statement was made.

Rule 614. Summons and examination of witnesses by the court

(a) Appeal by the Court. The court may summon witnesses ex officio or at the proposal of a party, and all parties shall have the right to cross-examine the witnesses thus summoned.

(b) Court hearing. The court may hear witnesses, whether called by itself or by a party.

(c) Objections. Objections to the court calling witnesses or the court hearing may be made on the spot or at the earliest opportunity if the jury is not present.

Rule 615. Recusal of witnesses

At the request of a party, the court orders the disqualification of witnesses so that they cannot hear the testimony of other witnesses and can issue the order ex officio. This rule shall not exclude (1) any party who is an individual, or (2) any officer or employee of a party who is not an individual who has been designated by your attorney as your representative, or (3) a person whose presence is demonstrated by a party to be essential to the presentation of its case.

Rule 701. Opinions of lay witnesses

If the witness is not testifying as an expert, the witness's testimony in the form of opinions or inferences is limited to those opinions or inferences that (a) are rationally based on the perception of the witness, (b) contribute to a clear understanding of the testimony or determination of a disputed fact; and (c) is not based on scientific, technical or other knowledge within the meaning of Rule 702.

Rule 702. Expert testimony

When scientific, technical, or other expertise helps the evidence collector understand the evidence or establish a disputed fact, a witness qualified as an expert by knowledge, ability, experience, training, or education may testify in the proceeding, opinion form. , otherwise.

Rule 703. Basis of Expert Reports

The facts or data of an individual case on which an expert bases an opinion or conclusion may be those that the expert perceived or made known to you at or before the hearing. If it is of a kind that experts in the relevant field can reasonably rely on to form an opinion or inference about the matter, the facts or data need not be admissible as evidence for the opinion or inference to be admissible. Facts or data that would otherwise be inadmissible will not be disclosed to the jury by the advocate of the expert's opinion or conclusion unless the court finds that their probative value in helping the jury evaluate the expert's opinion significantly outweighs their adverse effect. .

Rule 704. Answer to the last question

An otherwise permissible statement of opinion or conclusion is not objectionable because it involves a final question that must be decided by fact-checking.

Rule 705. Disclosure of facts

The expert may testify in the form of opinions or conclusions and give reasons for doing so without first witnessing the underlying facts or data, unless otherwise required by the court. In any case, the expert may be asked to cross-examine the underlying facts or data.

Rule 706. Experts appointed by the Court

(an appointment. The court may decide, ex officio or at the request of a party, why the appointment of experts is not appropriate and may invite the parties to present proposals. The court may appoint experts agreed upon by the parties and experts of their choice. A expert witness may not be appointed by the court unless agreed The witness so appointed shall be informed of his duties by the court in writing, a copy of which shall be deposited with the clerk, or at a conference attended by the parties A witness so designated shall, if appropriate, communicate his findings to the parties; his testimony may be made by any of the parties; and he may be summoned to testify by the court or by one of the parties. He is cross-examined by all parties, including a party subpoenaing him as a witness.

(b) Indemnification. Experts so appointed are entitled to reasonable compensation to the extent permitted by the court. The award so determined shall be paid from such funds as may be provided by law in criminal and civil claims and proceedings involving equitable relief under the Fifth Amendment. In all other civil lawsuits and procedures, the compensation will be paid by the parties in the proportion and at the time that the court establishes and, from that moment, it will be charged in the same way as the other costs.

(c) Disclosure of appointment. The court, in the exercise of its discretion, may authorize disclosure to the jury of the fact that the court appointed the expert.

(d) Experts of the parties at their own discretion. Nothing in this rule restricts the parties from using experts of their own choosing.

Rule 706. Experts appointed by the Court

(an appointment. The court may decide, ex officio or at the request of a party, why the appointment of experts is not appropriate and may invite the parties to present proposals. The court may appoint experts agreed upon by the parties and experts of their choice. A expert witness may not be appointed by the court unless agreed The witness so appointed shall be informed of his duties by the court in writing, a copy of which shall be deposited with the clerk, or at a conference attended by the parties A witness so designated shall, if appropriate, communicate his findings to the parties; his testimony may be made by any of the parties; and he may be summoned to testify by the court or by one of the parties. He is cross-examined by all parties, including a party subpoenaing him as a witness.

(b) Indemnification. Experts so appointed are entitled to reasonable compensation to the extent permitted by the court. The award so determined shall be paid from such funds as may be provided by law in criminal and civil claims and proceedings involving equitable relief under the Fifth Amendment. In all other civil lawsuits and procedures, the compensation will be paid by the parties in the proportion and at the time that the court establishes and, from that moment, it will be charged in the same way as the other costs.

(c) Disclosure of appointment. The court, in the exercise of its discretion, may authorize disclosure to the jury of the fact that the court appointed the expert.

(d) Experts of the parties at their own discretion. Nothing in this rule restricts the parties from using experts of their own choosing.

Rule 801. Definitions

Pursuant to this article, the following definitions apply:

(a statement. A "statement" is (1) an oral or written statement, or (2) a person's nonverbal behavior when the person intends it to be communicative.

(b) Applicant. A "Declarant" is a person who makes a Declaration.

(c) rumors. "Hearsay" is a statement other than the one made by the deponent during the trial or hearing that is offered as evidence to prove the truth of the alleged matter.

(d) Statements that are not hearsay. A statement is not a rumor if -

(1) Previous testimony of a witness. The deponent testifies at trial or hearing and is cross-examined as to the testimony, and the testimony is (A) inconsistent with his testimony, or (B) consistent with his testimony and offers to rebut an express or implied charge as a result of a recent invention or improper influence or motive, or (C) an identification made to your knowledge of an individual, or

(2) Admission of opponents of the party. The statement is made against a party and is (A) the party's own statement in an individual or representative capacity, or (B) a statement about which the party has expressed an assumption or belief as to its truth, or (C) a statement from a person authorized by the party to make a statement on the subject; or (D) a statement was made by the party's representative or employee in connection with any matter arising out of the employment or agency relationship that arose during the existence of the relationship, or (E) a statement by a co-conspirator of either party during the course of and in furtherance of the conspiracy. The content of the statement must be considered, but alone is not sufficient to determine the filer's authority under subsection (C), the agency or employment relationship and its scope under subsection (D), or the existence and participation in , the conspiracy filer, and the party against whom the statement is made under subdivision (E).

Rule 802. Rule of rumors

Rumors are not permitted except as provided in these Rules or in the rules of civil and criminal procedure applicable to Colorado courts or other Colorado state statutes.

Rule 803. Hearsay Exceptions: Intangible of Applicant Availability

They are not exempt from the hearsay rule, even if the applicant is available as a witness:

(1) Spontaneous sense of the present. A spontaneous utterance that describes or explains an event or condition while the explainer was aware of the event or condition.

(2) Expression excited. A statement about a startling event or condition, made while the declarer was under the stress of excitement caused by the event or condition.

(3) Mental, emotional or physical state then existing. A statement of the state of mind, emotion, feeling, or physical condition of the declarant at the time (such as intent, plan, motive, design, mental feeling, pain, and physical health), but without a proven statement of memory or Belief that was remembered or fact believed, unless it refers to the execution, revocation, identification or terms of the testament of the declarant.

(4) Information for the purpose of medical diagnosis or treatment. Statements made for the purpose of medical diagnosis or treatment describing the past or present medical history or symptoms, pain or sensation, or the onset or general nature of the cause or external source thereof, to the extent reasonably relevant to diagnosis or treatment.

(5) Recorded reminder. A previous memory recorded when the witness seems to have had knowledge of the matter at some point and; (A) can identify the memo or recording, (B) can reasonably recall that it was made at or about the time of the event, whether recorded by the witness or another, and (C) can vouch for its accuracy. The memo or recording may be read into evidence, but may not be accepted unless offered by an opposing party.

(6) Records of activities carried out regularly. A memorandum, report, record, or compilation of data in any way relating to any action, event, condition, opinion, or diagnosis made at or about the time by a person of knowledge, or of information transmitted by a person of knowledge. , if in the course of, and if it was the ordinary course of business to be carried out in the ordinary course of business, the memorandum, report, record or compilation of data was prepared, all as evidenced by the testimony of the Administrator or any other qualified or corroborated witness by certification conforms to rule 902(11), rule 902(12), or a law that permits certification, unless the source of the information or the method or circumstances of the preparation indicate a fault of certainty. The term “business” used in this paragraph includes companies, institutions, associations, professions and professions of any kind, whether or not for profit. (Identical federal regulation).

(7) Missing entry in records maintained under the provisions of paragraph (6). Evidence that a matter is not contained in the records, records or data files in any form retained pursuant to the provisions of paragraph (6) to establish the non-existence or non-existence of the matter when the matter is a specific matter on which note, report, record or data file has been regularly prepared and retained, unless the sources of the information or other circumstances suggest that it is unreliable. (Identical federal regulation).

(8) Public Records and Reports. Unless the sources of information or other circumstances indicate a lack of reliance, records, reports, statements, or data collection in any form by a public office or authority, that (A) the activities of the office or authority or ( B) matters arising from an observed legally imposed duty, which matters were reportable, but excluding matters in criminal matters observed by police officers and other law enforcement personnel, or (C) in civil and anti-law claims and proceedings government in criminal matters, findings of fact resulting from an investigation, conducted on the basis of legal authority.

(9) vital statistics records. Records or compilations of data, in any form, on births, fetal deaths, deaths or marriages if the report was made to a public body based on legal provisions. (Identical federal regulation).

(10) Lack of Public Registry. Witness testimony, or a Rule 902 certification, that a diligent search has not revealed any records or public statements if:

(A) the testimony or certificate is admitted to prove this

(i) the record or statement does not exist; either

(ii) a matter has not occurred or existed when a public body has regularly maintained records or statements relating to such matter; AND

(B) in criminal proceedings, a prosecutor who intends to offer certification gives written notice of that intent at least 14 days before trial and the defendant does not object in writing within 7 days of receipt of the certification; notice, unless the court decides otherwise another period of notice or opposition.

(11) Records of religious organizations. Details of birth, marriage, divorce, death, legitimacy, affiliation, blood or marital relationship, or other similar fact of personal or family history contained in a regularly maintained register of a religious organization. (Identical federal regulation).

(12) Marriage, baptism and similar certificates. Statements of fact contained in a document that the issuer performed a marriage or other ceremony or administered a sacrament, made by a minister, public official, or other person authorized by the rules or customs of a religious organization or by law to perform the certified act and that were allegedly issued at the time of the event or within a reasonable time thereafter. (Identical federal regulation).

(13) Family records. Claims of personal or family historical facts in family Bibles, genealogy charts, diagrams, ring engravings, inscriptions on family portraits, engravings on urns, tombstones or tombstones or the like. (Identical federal regulation).

(14) Records of documents pertaining to a property interest. The recording of a document intended to create or affect a property interest as evidence of the contents of the document originally recorded or filed and its execution and delivery by any person by whom it is alleged to have been executed, if the recording is a Record is of the public office and applicable law permits such documents to be filed with that office.

(15) Statements in documents concerning a property right. A statement contained in a document that is intended to create or affect a property right when the matter stated was relevant to the purpose of the document, unless the handling of the property since the document was prepared would be contrary to the truth of the statement or the content of the document. (Identical federal regulation).

(16) Statements in old documents. Information in a document that has been in existence for twenty years or more and whose authenticity has been established. (Identical federal regulation).

(17) Market reports, trade publications. Market quotes, charts, lists, indices, or other published compilations commonly used and trusted by the public or by persons in a particular profession. (Identical federal regulation).

(18) Academic treatises. To the extent that statements in published treatises, magazines, or pamphlets on any subject of history, medicine, or other science or art, which are brought to the attention of an expert on cross-examination, or referred to on direct examination, are considered as a reliable authority by the statement or confession of the witness or by other expert opinions or by judicial sentence. If admitted, the statements can be read into evidence and taken into evidence if the court allows.

(19) Reputation related to personal or family history. Reputation among members of your family by blood, adoption or marriage, or among your associates or in the community in connection with birth, adoption, marriage, divorce, death, legitimacy, blood, adoption or marriage, descent or other similar fact of your personal or family Origin Story. (Identical federal regulation).

(20) Reputation as to frontiers or general history. Reputation in a community that arose before the controversy regarding boundaries or customs affecting countries in the community, and reputation regarding events in general history relevant to the community, state, or nation in which it is located, are important. (Identical federal rule).

(21) reputation as to character. Reputation of a person's character among co-workers or in the community. (Identical federal regulation).

(22) Judgment of criminal record. Evidence of a final judgment, entered after trial or a plea of ​​guilty or no contest, convicting a person of an offense punishable by death or imprisonment for more than one year, to establish facts that are essential to maintaining the sentencing, but not including sentences against persons other than defendants when offered by the government in the context of criminal proceedings for purposes other than impeachment. The pending nature of an appeal may be disclosed, but does not affect its admissibility. (The federal rule is identical except that a nolo contendere finding was excluded in the federal rule.)

(23) Evaluation of background or personal, family or general limits. Judgments as proof of personal, family or general background issues or material boundaries for the sentence, when these could be proven by proof of celebrity. (Identical federal regulation).

(24) [Transferred to rule 807]

Rule 804. Rumor Exceptions: Applicant Unavailable

(a) Definition of unavailability. "Unavailability as a witness" includes situations where the deponent:

(1) you are exempt from testifying on the subject of your testimony by order of the court by virtue of privilege; either

(2) despite a court order, you continue to refuse to testify on the subject of your testimony; either

(3) indicates a lack of recollection of the subject of your statement; either

(4) unable to attend or testify at the hearing due to death or pre-existing physical or mental illness or infirmity; either

(5) is absent from the hearing and counsel for his testimony has failed to account for his presence (or, in the case of a hearsay exception under subsection (b)(3) or (4), his presence or testimony) by any process obtained or other appropriate means. A declarant is not absent as a witness if his exemption, refusal, testimony due to forgetfulness, incapacity or absence is due to the procuring or misconduct of the proponent of his testimony in order to prevent the witness from participating or testifying.

(b) Hearsay exceptions. They are not exempt from the hearsay rule if the deponent is not available as a witness:

(1) Previous certificate. Testimony at another hearing in the same or other proceeding, or legal testimony in the same or other proceeding, if the party against whom testimony is now being made, or in a civil suit or proceeding, predecessor in title, opportunity, and the like Motivated to develop the testimony through direct, mutual or redirected questions.

(2) (Colorado rule not codified)

(3) Declaration Against Interests. A statement that:

(A) a reasonable person in the position of declarer would have done it only if the person believed it to be true because, when it was done, it was strongly contrary to, or strongly biased against, the property or monetary interests of the declarer, invalidating the claimant's claim; Declarant against any other person or expose the Declarant to any civil or criminal liability; AND

(B) is based on corroborating circumstances that clearly indicate its credibility when offered in a criminal proceeding as one that tends to expose the declarant to criminal liability. (Identical federal regulation).

(4) Statement of personal or family history.

(A) A statement of the declarant's own birth, adoption, marriage, divorce, legitimacy, consanguinity, adoption, or marriage, parentage, or other similar fact in the declarant's personal or family history, even if the declarant has not had an opportunity to acquire personal knowledge . of the indicated Matter; either

(B) a statement of any of the foregoing matters, including the death of another person, when the declarant was related to the other person by blood, adoption, or marriage, or was so closely related to the other person's family that it is probable that accurate information is available about the stated facts. (Identical federal regulation).

(5) [Transferred to Rule 807]

Rule 805. From hearsay within rumors

Hearsay included in hearsay is not excluded from the hearsay rule if each part of the combined statements satisfies the hearsay rule provided in these rules with one exception.

Rule 806. Attacking and supporting declarant's credibility

When a hearsay statement or a statement defined in rule 801(d)(2), (C), (D), or (E) is admitted into evidence, the deponent's credibility may be under attack, and if under attack by any evidence that would be admissible for these purposes if the declarant had testified. Evidence of any statement or conduct of the deponent at any time that is inconsistent with his hearsay testimony shall not be subject to the requirement that he be given an opportunity to dispute or explain it. If the deponent is called as a witness by the party against whom the hearsay testimony has been admitted, the party shall have the right to question him about the testimony as if it were cross-examination.

Rule 807. Residual Exception

A statement that is not expressly covered by rule 803 or 804 but shows equivalent evidence of reliability is not excluded from the hearsay rule if the court finds that (A) the statement is offered as evidence of a material fact; (B) the statement is more conclusive as to the point for which it is offered than any other evidence the proponent can obtain through reasonable efforts; and (C) the general purposes of these Rules and the interests of the judiciary are best served by the admission of testimony as evidence. However, no testimony can be admitted under this exception unless the opposing party's attorney notifies the opposing party well in advance of the trial or hearing to allow the opposing party a fair opportunity to prepare to offer the attorney's intent to make the statement. and its details. , including the applicant's name and address.

Rule 901. Authentication or Identification Requirement

(a) General Provision. The requirement of authentication or identification as a condition of admissibility is met by sufficient evidence to support a determination that it is the allegations made by the defendant. (Identical federal regulation).

(b) Images. For illustrative purposes only and not as a limitation, the following are examples of authentication or identification that meet the requirements of this rule:

(1) Testify with knowledge. Testimony that a thing is what it claims to be.

(2) Non-expert opinion on writing. Non-expert opinion on the authenticity of the manuscript based on unacquired familiarity for litigation purposes.

(3) Comparison by Trier or experts. Comparison by verification of facts or by experts with certified samples.

(4) Distinctive and similar characteristics. Appearance, content, substance, internal pattern, or other distinguishing characteristic related to the circumstances.

(5) Voice recognition. Identification of a voice, either first-hand or by mechanical or electronic transmission or recording, by means of an opinion based on hearing the voice at any time, in circumstances that link it to the alleged speaker.

(6) Telephone calls. Telephone calls, by evidence that a call was made to the number assigned by the telephone company to a specific person or company, if (A) in the case of a person, circumstances, including self-identification, show that the person answering is the person being called, or (B) in the case of business, the call was made at a place of business and the business conversation was reasonably conducted over the telephone.

(7) Public records or reports. Evidence that a document authorized by law to be recorded or filed and actually recorded or filed with a public entity, or an alleged public record, report, statement, or data collection in any form originated from the public entity if these items were they preserve naturally.

(8) Old documents or data collection. Evidence that a document or collection of data, in whatever form, (A) is in such a condition that its authenticity is not suspected, (B) was in a place where, if authentic, it was likely to be, and (C ) has existed for 20 years or more at the time of the offering.

(9) process or system. Evidence that describes a process or system used to achieve a result and shows that the process or system produces an accurate result. (Identical federal regulation.)

(10) Methods provided by Law or Regulation. Any authentication or identification method provided by the Colorado code of practice or Colorado state law.

Rule 902. Self-Authentication

External proof of authenticity is not required as a prerequisite for admissibility with respect to:

(1) Sealed internal public documents. A document bearing a seal purporting to be of the United States, or any state, district, commonwealth, territory, or insular possession thereof, or the Panama Canal Zone, or the Trust Territory of the Pacific Islands , or any political subdivision, department, officer, or agency thereof, and a signature purporting to be a certificate or execution. (Identical Federal Rule.)

Unsealed internal public documents. A document purporting to bear, in their official capacity, the signature of an officer or employee of an agency listed in subsection (1) that does not bear a seal, when an officer bears a seal and has official duties in the district or political subdivision of the official or Employee certifies under seal the official capacity of the signatory and the authenticity of the signature. (Identical federal regulation).

(3) Foreign public documents. A document purporting to be issued or authenticated in its official capacity by a person competent under the laws of a foreign country to effect execution or authentication, and accompanied by a final certificate of authenticity of the signature and official title (A) the enforcement officer or certifier, or (B) a foreign official whose signature and standing certification is related to the performance or certification or is in a chain of signature and standing certifications related to the performance or certification. Final certification may be made by a United States secretary of embassy or legation, consul general, consul, vice consul, or consular representative, or a diplomatic or consular officer of the foreign country assigned or accredited to the United States. If all parties have had a reasonable opportunity to verify the authenticity and accuracy of the official documents, the court may, for cause, order that they be treated as presumed genuine without definitive certification, or allow them to be certified with or without a certified summary. . final certification. (Identical federal regulation).

(4) Certified copies of public documents. A copy of an official record, or report or entry therein, or any document authorized by law to be recorded or filed and actually recorded or filed with a public body, including data collections in any form certified to be accurate by the custodian or other person has been authorized to certify by a certificate pursuant to paragraph (1), (2), or (3) of this rule or pursuant to any federal or Colorado code of procedure or any act of the United States Congress or any law of the State of Colorado

(5) Official Publications. Books, pamphlets, or other publications purporting to be published by a public body. (Identical federal regulation).

(6) newspapers and magazines. Printed material that pretends to be a newspaper or magazine. (Identical federal regulation).

(7) trade names and the like. Notices, signs, labels, or tags purporting to have been posted in the course of business and indicating ownership, control, or provenance. (Identical federal regulation).

(8) Approved Documents. Deeds accompanied by a certificate of recognition issued by a notary public or another person authorized by law to receive recognition in the manner provided by law. (Identical federal regulation).

(9) Commercial Paper and Related Documents. Business papers, signatures thereon, and related documents, to the extent provided by general business law. (Identical federal regulation).

(10) Legislative Presumptions. Any signature, document, or other matter that is presumed or prima facie to be genuine or authentic by an act of the United States Congress or by a law of the State of Colorado.

(11) Certified household records of regular activities. The original or a duplicate of a household record of regularly performed activities that would be permitted under rule 803(6) if accompanied by an affidavit from your guardian or other qualified person, consistent with prescribed Colorado law or statute Colorado rule meets with Supreme Court affirming that records - (a)
was made at or about the time the matters established by any person having knowledge of such matters arose or was based on information provided by any person;

(b) has been retained in the course of regular business; AND

(c) has been carried out as a regular practice through a regularly performed activity. A party that intends to offer a recording as evidence under this paragraph must notify all opposing parties in writing of that intent and must make the recording and affidavit sufficiently available for inspection before offering evidence. to give any opposing party a fair chance to challenge them.

(12) Foreign certified registries of regular activity. In a civil proceeding, the original or a duplicate foreign record of regularly conducted activities that would be permitted under rule 803(6) if accompanied by a written statement from your guardian or other qualified person certifying that the record:

(a) was made at or about the time the matters established by any person having knowledge of such matters arose, or on the basis of information provided by any person;

(b) has been retained in the course of regular business; AND

(c) has become a regular practice through a regularly performed activity. The declaration must be signed so that if it is made incorrectly, the manufacturer will be prosecuted under the laws of the country where the declaration is signed. A party that intends to offer a recording as evidence under this paragraph must give written notice of that intention to all opposing parties and make the recording and statement available for inspection well in advance of its production as evidence. to allow the opposing party an opportunity for fair determination. to challenge them.

Rule 903. Signature of unnecessary witness statement

The testimony of a signing witness is not required to certify a writing, except as required by the laws of the jurisdiction whose laws govern the validity of the writing.

Rule 1001. Definitions

For the purposes of this article, the following definitions apply:

(1) Writings and Records. "Scripts" and "records" consist of letters, words, or numbers, or their equivalents, handwritten, typed, printed, photographed, photographed, magnetically pulsed, mechanically or electronically recorded, or by any other form of compilation of data.

(2) Photographs. "Photographs" include still images, X-ray film, videotape, and motion picture film.

(3) originals. An "original" of a writing or recording is the writing or recording itself, or a counterpart intended to produce the same effect by a person executing or issuing it. An "original" of a photograph includes the negative or a print thereof. When data is stored on a computer or similar device, any hard copy or other human-readable output that can be shown to accurately represent the data is an "original."

(4) Duplicate. A "duplicate" is a counterpart made by the same printing as the original, or by the same matrix, or by photography, including enlargements and miniatures, or by mechanical or electronic re-engraving, or by chemical reproduction, or by other equivalent techniques. that faithfully reproduce the original. (Identical Federal Rule.)

Rule 1002. Original Requirement

To prove the contents of a letter, record, or photograph, the original of the letter, record, or photograph is required, except as provided in these Rules or by Colorado or United States law.

Rule 1003. Allowance of Duplicates

A duplicate is permitted to the same extent as an original, unless (1) there is serious doubt about the authenticity of the original, or (2) it would be unfair, under the circumstances, to allow the duplicate in lieu of the original.

Rule 1004. Origin of Credits for Other Content

The original is not required and other evidence of the contents of a writing, record or photograph is acceptable if:

(1) Originals lost or destroyed. All originals have been lost or destroyed unless the applicant lost or destroyed them in bad faith; either

(2) Original not available. No original may be obtained through any available judicial procedure or process; either

(3) Original in opponent's possession. At a time when an original was in the control of the party against whom the Offer was made, you were told in writing or otherwise that the content would be subject to proof at the hearing, and you fail to produce the original before the audience ; either

(4) Collateral issues. Writing, recording or photographing is not closely related to a dominant theme.

Rule 1005. Public Records

The content of an official record, or of a document admitted to record or file and actually recorded or filed, including compilations of data in any form, where otherwise permitted, may be verified by a copy certified correct under Rule 902 or by a witness who provides it has been compared with the Original as correctly attested. If a copy pursuant to the foregoing cannot be obtained with reasonable care, other evidence of content may be provided.

Rule 1006. Summaries

The content of voluminous writings, minutes or photographs that cannot be conveniently examined in court may be presented in the form of a table, summary or calculation. The originals or duplicates will be available to other parties at a reasonable time and place for examination or duplication, or both. The court may order them to appear in court.

Rule 1007. Testimony or written admission of the party

The content of any writing, record, or photograph may be proven by the testimony or testimony of the party against whom it is offered, or by his written admission, without regard to the non-submission of the original.

Rule 1008. Functions of the Tribunal and the Jury

Where the admissibility of other evidence of the content of writings, records or photographs under these Rules depends on the fulfillment of a factual condition, the question of whether the condition is met is generally a matter for the court under the provisions of Rule 104 However, if a question was raised (a) whether the claimed writing ever existed, or (b) whether any other writing, recording, or photograph created during the process is original, or (c) whether other evidence of the content reproduces accurately As with other factual questions, the content is a matter for the factual trigger.

Rule 1101. Applicability of the Rules

(a) Courts. These rules apply to all courts in the state of Colorado.

(b) Procedures in general. These rules apply generally to civil, criminal, and contravention proceedings, except those in which the court may act summarily.

(c) Rule of privilege. Preferential treatment applies at all stages of all claims, cases and proceedings. (Identical federal regulation).

(d) Rules not applicable. The Rules (except in relation to privileges) do not apply in the following situations: (1)
Preliminary factual issues. The determination of the questions of fact before the admissibility of the evidence when the question corresponds to the court to decide according to Rule 104.

(2) Grand Jury. Proceedings before grand juries.

(3) Various methods. extradition or transfer proceedings; preliminary investigations in criminal matters; conviction or grant or revocation of probation; issue arrest warrants, subpoenas, and search warrants; and bail or other procedures. (Identical federal regulation).

(e) Partially Applicable Rules. These rules apply to all special court proceedings, insofar as the questions of evidence are not regulated in the local procedural laws.

Rule 1102. No Colorado Rule

Rule 1103. Title

These rules are well known and are known as the Colorado Rules of Evidence or CRE.

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