The Other Rules of Evidence
| Publication year | 1995 |
| Pages | 2169 |
| Citation | Vol. 24 No. 9 Pg. 2169 |
1995, September, Pg. 2169. The Other Rules of Evidence
When the subject of evidence is considered, most attorneys probably think of the Federal or Colorado Rules of Evidence and the case law interpreting those rules. Despite the fact that Colorado is not a "Code" state, practitioners should be aware that the Colorado Revised Statutes(fn1) contain an entire Article devoted exclusively to evidence.
This article provides practitioners with an overview of what is contained in the statutes grouped together as the Colorado Evidence Code. It is not intended to be a comprehensive analysis of every statute that discusses or impacts the introduction of evidence in Colorado; there are specialized evidentiary provisions distributed throughout the Colorado Revised Statutes.
The official printed statute books of the United States, various states and territories may be read into evidence in all Colorado courts. Additionally, the reported decisions of the U.S. Supreme Court or of any state or territory, published with the authority of such courts, may be read into evidence.(fn2) It is interesting to note that, implicitly, lower federal and state court opinions might not be allowed to be read into evidence. Practitioners should make certain they are using an authorized book of published decisions to avoid any objections as to accuracy or authenticity.
In any evidentiary hearing in Colorado, when the life expectancy of any person is at issue or needs to be established, whether that person is living or not, the Statutory Mortality Table(fn3) will be received into evidence, together with any relevant evidence regarding the health, constitution, habits and occupation of the person whose life expectancy is at issue.(fn4) The Mortality Table is not conclusive and needs to be considered along with all relevant evidence concerning the health, habits and condition of the injured or deceased person.(fn5) For example, according to the current Mortality Table, a twenty-one-year-old male has a life expectancy of 54.8 more years. However, if this twenty-one-year-old has severe asthma, a congenital heart defect, lupus and hang-glides as a hobby, such evidence may be used to overcome the statutory presumption of life expectancy.
The table is updated every few years. Practitioners handling any case involving death, injury or future benefits matters need to keep current regarding the Mortality Table.
If handwriting is in dispute, witnesses are allowed to compare a genuine handwriting sample with the disputed one, and their testimony is given to the court and jury as evidence of the genuineness, or lack thereof, of the disputed item.(fn6) As long as there is a genuine writing to compare with, professional handwriting experts are not necessary, and lay witnesses as well as jurors can make their own comparisons and form their own opinions.(fn7)
As a preliminary matter, the judge needs to determine whether the writing introduced for comparison with the disputed writing is genuine.(fn8) In a civil case, a set of Requests for Admissions can be a good tool in establishing the genuineness of a handwriting.
A certified copy of any registrar or head official of any U.S. Land Office as to anything on record in that office shall be received into evidence and will be competent to prove whatever is certified as fact.(fn9) If a title dispute develops between the holder of a Registrars Certificate and a Federal Land Patent, the patent is considered the better legal and paramount title.(fn10)
Every Colorado court must take judicial notice of the common law and statutes of every state, territory and other jurisdiction of the United States.(fn11) The determination of these laws is for the court, not the jury, and is reviewable on appeal.(fn12) If a party is going to ask the court to take judicial notice of laws pursuant to this statute, reasonable notice needs to be given to the adverse party.(fn13) This portion of the evidence code is cited as the Uniform Judicial Notice of Foreign Law Act.(fn14)
There is no state statute discussing the taking of judicial notice of federal regulations, but the Federal Register Act at 44 U.S.C. § 1507 states that judicial notice shall be taken of items published in the Federal Register. The Federal Register often contains scientific studies and opinions that a practitioner may find beneficial to use in a case.
Certified copies of any books, papers or proceedings (such as minutes of the city council and other boards or commissions) of any incorporated municipality will be received by a court as prima facie evidence of the facts certified in the records.(fn15) The office of the clerk of any incorporated municipality is the place where the certification can be made.
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