Court Business

• Publication year: 2002
• Pages: 127
• Citation: Vol. 31 No. 5 Pg. 127

31 Colo.Law. 127 Colorado Lawyer 2002.

2002, May, Pg. 127. Court Business

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127

Vol. 31, No. 5, Pg. 127

The Colorado Lawyer
May 2002
Vol. 31, No. 5 [Page 127]

From the Courts
Court Business
Court Business

Colorado Supreme Court Rules of Evidence Committee

Proposed Amendments to Chapter 33, C.R.E

Rules 103(a), 404(a), 803(6), and 902

Proposed Amendments to C.R.E

ARTICLE VII, OPINIONS AND EXPERT TESTIMONY

Rules 701, 702, 703

Notice of Public Hearing, June 14, 2002

Written Comments Due May 31, 2002

The Colorado Supreme Court will conduct a public hearing on Proposed Amendments to Rule 103(a): Rulings on Evidence; Rule 404(a): Character Evidence Not Admissible To Prove Conduct Exceptions; Other Crimes; Rule 803(6): Hearsay Exceptions; Availability of Declarant Immaterial; Rule 902: Self-Authentication; Rule 701: Opinion Testimony By Lay Witnesses; Rule 702: Testimony By Experts: Committee Comment on Amended Colorado Rule 702; and Rule 703: Bases Of Opinion Testimony By Experts.

The public hearing will be held on Friday, June 14, 2002, at 3:00 p.m. in the Colorado Supreme Court Courtroom, 2 E. 14th Ave., Denver, Colorado. An original and eight copies of written comments are to be submitted to: Mac V. Danford, Clerk of the Supreme Court, 2 E. 14th Ave., Denver, CCO 80203-2115, by 5:00 p.m., May 31, 2002. Persons wishing to participate in the hearing should notify Mac Danford no later than May 31, 2002.

Note: Additions are underlined.

PROPOSED

Rule 103. Rulings On Evidence

(a) Effect of Erroneous Ruling. Error may not be predicated upon a ruling which admits or excludes evidence unless a substantial right of the party is Affected, and

(1) Objection. In case the ruling is one admitting evidence, a timely objection or motion to strike appears of record, stating the specific ground of objection, if the specific ground was not apparent from the context; or

(2) Offer of Proof. In case the ruling is one excluding evidence, the substance of the evidence was made known to the court by offer or was apparent from the context within which questions were asked.

Once the court makes a definitive ruling on the record admitting or excluding evidence, either at or before trial, a party need not renew an objection or offer of proof to preserve a claim of error for appeal.

PROPOSED

Rule 404. Character Evidence Not Admissible To Prove Conduct;

Exceptions; Other Crimes

(a) Character Evidence Generally. Evidence of a person's character or a trait of his character is not admissible for the purpose of proving that he acted in conformity therewith on a particular occasion, except:

(1) Character of Accused. Evidence of a pertinent trait of his character offered by an accused, or by the prosecution to rebut the same or if evidence of the alleged victim's character for aggressiveness or violence is offered by...