ARTICLE 25 EVIDENCE GENERAL PROVISIONS

• Jurisdiction: Colorado

ARTICLE 25 Evidence - General Provisions

Cross references: For admissibility of witnesses' testimony, see part 1 of article 90 of this title and C.R.C.P. 43; for admissibility of evidence of failure to wear a safety belt system to mitigate damages resulting from a motor vehicle accident, see § 42-4-237 (7).

Law reviews: For a discussion of Tenth Circuit decisions dealing with evidence, see 66 Den. U.L. Rev. 767 (1989).

13-25-102. United States census bureau mortality table as evidence.

13-25-103. Mortality table. (Repealed)

13-25-126. Genetic tests to determine parentage.

13-25-129. Statements of a child - hearsay exception.

13-25-129.5. Statements of persons with intellectual and developmental disabilities - hearsay exception.

■ 13-25-102. United States census bureau mortality table as evidence. In all civil actions, special proceedings, or other modes of litigation in courts of justice or before magistrates or other persons having power and authority to receive evidence, when it is necessary to establish the expectancy of continued life of any person from any period of such person's life, whether he or she is living at the time or not, the most recent United States census bureau expectation of life and expected deaths by race, sex, and age table, as published by the United States census bureau from time to time, must be received as evidence, together with other evidence as to health, constitution, habits, and occupation of the person regarding the person's expectancy of continued life.

Source: L. 1893: p. 261, § 1. R.S. 08: § 2490. C.L. § 6536. CSA: C. 63, § 2. CRS 53: § 52-1-2. C.R.S. 1963: § 52-1-2. L. 91: Entire section amended, p. 358, § 16, effective April 9. L. 2014: Entire section amended, (SB 14-048), ch. 46, p. 222, § 1, effective August 6.

ANNOTATION

Tables are admissible where personal injuries are alleged to be permanent. Where in an action for personal injuries there is evidence that the disability complained of is permanent, the mortuary tables are admissible to establish the plaintiff's expectancy of life. Rio Grande S. R. R. v. Nichols, 52 Colo. 300, 123 P. 318 (1912).

Under this section, a mortality table which has legislative recognition at any given time is evidence to be considered with other pertinent matter as bearing upon the life expectancy of person whose rights are being adjudicated; such table does not fix the liability of an employer, and under certain circumstances might be wholly disregarded by the industrial commission. Colo. Fuel & Iron Corp. v. Indus. Comm'n, 148 Colo. 557, 367 P.2d 597 (1961).

However, the tables are not conclusive, but are to be considered in connection with other evidence as to the health, habits, and condition of the injured party. Rio Grande S. R. R. v. Nichols, 52 Colo. 300, 123 P. 318 (1912); Riss & Co. v. Anderson, 108 Colo. 78, 114 P.2d 278 (1941); Colo. Fuel & Iron Corp. v. Indus. Comm'n, 148 Colo. 557, 367 P.2d 597 (1961).

Evidence as to the age, habits, and health of the absentee is admissible, because bearing upon the probable duration of his life. The mortuary table prescribed by this section is admissible for the reason that it bears upon the probable duration of his life. New York Life Ins. Co. v. Holck, 59 Colo. 416, 151 P. 916 (1915).

In such cases the litigant may avail himself of the admissibility of the mortality tables or not, at his pleasure. Gilligan v. Blakesley, 93 Colo. 370, 26 P.2d 808 (1933).

In determining the life expectancy of a claimant, the industrial commission may use any recognized expectancy tables without their formal introduction by either party at the hearing. Indus. Comm'n v. Big Six Coal Co., 72 Colo. 377, 211 P. 361 (1922) (decided prior to the abolition of the industrial commission in 1986).

■ 13-25-103. Mortality table. (Repealed)

Source: L. 1893: p. 261, § 2. R.S. 08: § 2491. C.L. § 6537. CSA: C. 63, § 3. CRS 53: § 52-1-3. L. 55: p. 371, § 1. L. 60: p. 138, § 1. C.R.S. 1963: § 52-1-3. L. 77: Entire section R&RE, p. 804, § 1, effective July 1. L. 86: Entire section R&RE, p. 691, § 1, effective July 1. L. 93: Entire section amended, p. 250, § 1, effective July 1. L. 2002: Entire section amended, p. 1354, § 1, effective July 1. L. 2014:

Entire section repealed, (SB 14-048), ch. 46, p. 222, § 2, effective August 6.

■ 13-25-126. Genetic tests to determine parentage. (1) (a) (I) In any action, suit, or proceeding in which the parentage of a child is at issue, including but not limited to actions or proceedings pursuant to section 14-10-122 (6) or 19-4-107.3, C.R.S., upon motion of the court or any of the interested parties, the court shall order the alleged mother, the child or children, and the alleged father to submit to genetic testing and other appropriate testing of inherited characteristics, including but not limited to blood and tissue type, for the purpose of determining probability of parentage. If a party refuses to submit to these tests, the court may resolve the question of parentage against the party to enforce its order if the rights of others and the interests of justice so require.

(II) A court, pursuant to this section, or delegate child support enforcement unit pursuant to section 26-13.5-105, C.R.S., shall not order genetic testing of a child whose parentage has previously been determined by or pursuant to the law of another state, but a court may stay a support proceeding for such reasonable time as determined by the court to allow the party asserting the defense to pursue the nonparentage claim in the other state.

(b) The tests shall be conducted by a laboratory approved by an accreditation body designated by the secretary of the federal department of health and human services, utilizing any genetic test of a type generally acknowledged as reliable by such accreditation body. Costs of any such expert witness for the first test administered shall be fixed at a reasonable amount and shall be paid as the court orders. If the results of the tests or the expert analysis of inherited characteristics are disputed by any party, the court shall order that an additional test be made by the same or another laboratory at the expense of the party disputing the test results or analysis.

(c) Documentation from the testing laboratory of the following information is sufficient to establish a reliable chain of custody that makes the results of genetic testing admissible without testimony:

(I) The names and photographs of the individuals from whom specimens have been taken;

(II) The names of the individuals who collected the specimens;

(III) The places at which and dates on which the specimens were collected;

(IV) The names of the individuals who received the specimens in the testing laboratory; and

(V) The dates the specimens were received.

(d) A specimen used in genetic testing may consist of one or more samples or a combination of samples, of blood, buccal cells, bone, hair, or other body tissue or fluid. The specimen used in the testing need not be of the same kind for each individual undergoing genetic testing.

(e) Specimens and reports are confidential. An individual who intentionally releases an identifiable specimen of another individual for any purpose other than that relevant to the proceeding regarding parentage without a court order or the written permission of the individual who furnished the specimen commits a class 1 misdemeanor and, upon conviction, shall be punished as provided in section 18-1.3-501 (1), C.R.S.

(f) A report of genetic testing shall be in a record, defined in section 19-1-103 (91.5), C.R.S., and signed under penalty of perjury by a designee of the testing laboratory. A report made pursuant to the requirements of this article is self-authenticating.

(g) Under this section, a man is presumed to be the father of a child if the genetic testing complies with the requirements of this section and the results disclose that the man is not excluded and that the man has at least a ninety-seven percent probability of paternity.

(h) A man presumed to be the father of the child pursuant to paragraph (g) of this subsection (1) may rebut the genetic testing results only by other genetic testing that satisfies the requirements of this section and that:

(I) Excludes the man as the genetic father of the child; or

(II) Identifies another man as the father of the child.

(i) The presumption of parentage of a child born during a marriage may be overcome, as provided in section 19-4-105 (2)(a), if the court finds that the conclusion of the experts conducting the tests, as disclosed by the evidence based upon the tests, shows that one of the spouses is not the parent of the child.

(2) Any objection to genetic testing results shall be made in writing not less than fifteen days before the first scheduled hearing at which the results may be introduced into evidence or fifteen days after motion for summary judgment is served on such person; except that a person shall object to the genetic testing results not less than twenty-four hours prior to the first scheduled hearing if such person did not receive the results fifteen or more days before such hearing. The test results shall be admissible as evidence of paternity in an action filed pursuant to article 10 of title 14, C.R.S., article 4 of title 19, C.R.S., or article 13.5 of title 26, C.R.S., without the need for foundation testimony or other proof of authenticity or accuracy.

(3) For good cause shown, the court may order genetic testing of a deceased individual.

(4) The court may order genetic testing of a brother of a man presumed to be the father of a child if the man is commonly believed to have an identical brother and evidence suggests that the brother may be the genetic father of the child. If genetic testing excludes none of the brothers as the genetic father, and each brother satisfies the requirements as the presumed father of the child under section 19-4-105, C.R.S., without consideration of another identical brother being presumed to be the father...