Chapter 10 - § 10.18 EVIDENCE PRECLUDED BY STATUTE

• Jurisdiction: Colorado

§ 10.18 EVIDENCE PRECLUDED BY STATUTE

Colorado

➢ Exemplary Damages. Evidence of the income or net worth of a party is not admissible in determining the appropriate amount of exemplary damages. C.R.S. § 13-21-102(6).

➢ Traffic Conviction in Civil Actions. Except as provided in C.R.S. §§ 42-2-201 to -208 (habitual offenders), no record of the conviction of any person for violation of the traffic code is admissible as evidence in any court in any civil action. C.R.S. § 42-4-1713.

➢ Rape Shield. Evidence of the victim's or a witness's prior or subsequent sexual conduct may be admissible at trial only to show evidence of (1) the victim's or witness's prior or subsequent sexual conduct with the actor, or (2) specific instances of sexual activity showing that the act or acts charged were or were not committed by the defendant. C.R.S. § 18-3-407.
➢ Sexual Assault in Civil Actions. In any civil action resulting from sexual assault on a victim by any person who enters into a professional relationship with the victim, evidence of specific instances of the victim's prior or subsequent sexual conduct, opinion evidence of the victim's sexual conduct, and reputation evidence of the victim's sexual conduct are presumed irrelevant. C.R.S. § 13-25-131.

➢ Statements by a Child. No statements or admissions of a juvenile made as a result of custodial interrogation by a law enforcement official concerning delinquent acts shall be admissible in evidence unless a parent, guardian, legal or physical custodian of the juvenile, public defender, or counsel of the juvenile was present at the interrogation. C.R.S. § 19-2.5-203.

➢ Juvenile Delinquency Records and Operation of Juvenile Facilities. All records prepared or obtained by the department of human services in the course of carrying out its duties pursuant to juvenile delinquency records and the operation of juvenile facilities are privileged. C.R.S. §§ 19-1-304 and -305.

➢ Statements of Injured Persons. If a person is injured as a result of an occurrence that might give rise to liability, C.R.S. § 13-21-301 prohibits, while the injured person is under the care of a healthcare practitioner or hospitalized, any person whose interest is adverse to the injured person from (a) within 30 days of the occurrence causing the injury, negotiating or attempting to negotiate a settlement with the injured person; (b) within 30 days of the occurrence causing the injury, obtaining or attempting to obtain a general release of liability; or

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