Chapter 10 - § 10.7 PRIOR PHYSICAL OR MENTAL CONDITION

• Jurisdiction: Colorado

§ 10.7 PRIOR PHYSICAL OR MENTAL CONDITION

Colorado

➢ General. Evidence concerning a prior physical or mental condition must satisfy the standard of relevance set forth in CRE 401. Land v. Hill, 644 P.2d 43, 46 (Colo. App. 1981).

➢ Prior Psychiatric Condition Admissible. The psychiatric condition of the plaintiff prior to the incident was clearly relevant where the plaintiff was seeking damages for aggravation to a pre-existing psychiatric condition. Land v. Hill, 644 P.2d 43, 46 (Colo. App. 1981).

➢ Prior Psychiatric Condition Inadmissible. The trial court properly excluded evidence of psychological counseling as part of a deferred judgment that was remote in time and not linked in any manner to any mental health problems that the plaintiff had during the time in question. Mariani v. Rocky Mountain Hosp., 902 P.2d 429, 436 (Colo. App. 1994), aff'd, 916 P.2d 519 (Colo. 1996); see also People v. McFee, 2016 COA 97 (The trial court properly excluded evidence of an incompetency finding three years prior and the ongoing use of medication.).

Federal

➢ Prior Psychiatric Condition Inadmissible. The district court improperly excluded evidence of a witness's psychiatric history and prescription medication use at the time of trial. Evidence of a witness's psychiatric history is relevant if it

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