Chapter 12 - § 12.10 • MISCELLANEOUS EXCEPTIONS TO THE HEARSAY RULE

• Jurisdiction: Colorado

§ 12.10 • MISCELLANEOUS EXCEPTIONS TO THE HEARSAY RULE

§ 12.10.1—Introduction

In addition to the particular classes of documents treated elsewhere in this volume (e.g., business records, public records), several other types of documents may, if properly authenticated, be admitted as exceptions to the hearsay rule when offered for the truth of their contents. The exceptions are listed in Rules 803 and 804.

§ 12.10.2—Market Reports and Commercial Publications

Market quotations, commercial lists, and other published compilations of business-related information are admissible as exceptions to the hearsay rule if they are issued to the public and are prepared for, used by, and relied upon by persons engaged in particular occupations. CRE 803(17); FRE 803(17).

§ 12.10.3—Ancient Documents

Once a document has been authenticated as an "ancient document" (document prepared before January 1, 1998), it is admissible under an exception to the hearsay rule. CRE 803(16); FRE 803(16). Authentication is governed by Rule 901(b)(8). Timroth v. Oken, 62 P.3d 1042 (Colo. App. 2002), rev'd on other grounds, 87 P.3d 102 (Colo. 2004) (newspaper articles from 1908 were admissible under the ancient documents exception to the hearsay rule, CRE 803(16)).

§ 12.10.4—Family Records

In order to prove facts concerning personal or family history, family records such as bibles, family trees, engravings, or inscriptions on family valuables and the like are admissible as exceptions to the hearsay rule under CRE 803(13) and FRE 803(13). To the extent that these records are contained in documents, they probably fall within the exception for ancient documents as well. Many of the statements contained in family records also are contained in public records of one sort or another and may be admissible under 803(8), (9), (11), (12), (19), or (23).

§ 12.10.5—Evidence Relied on by an Expert

While not technically an exception to the hearsay rule, Rule 703 may provide an opportunity to have an expert testify to opinions based on otherwise inadmissible evidence. Rule 703 states:

The facts or data in the particular case upon which an expert bases an opinion or inference may be those perceived by or made known to the expert at or before the hearing. If of a type reasonably relied upon by experts in the particular field in forming opinions or inferences upon the subject, the facts or data need not be admissible in evidence in order for the opinion or inference to be admitted. Facts or data that are

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