Chapter 42 - § 42.2 • GENERAL

• Jurisdiction: Colorado

§ 42.2 • GENERAL

At common law, a party to an action was not permitted to testify on his or her own behalf. This has been changed, to a greater or lesser extent, in all of the states of the union, and in Colorado, a party or persons having an interest in the outcome of an action or proceeding are eligible to testify, with certain exceptions.² These exceptions, in general terms, are persons excluded by the dead man's statute; persons testifying as to book accounts prior to preliminary proof; conversations of a deceased partner; mental incompetents and certain children under the age of 10 years; and certain classes of persons to whom confidential communications have been made. A person who would be ineligible is not rendered eligible by assigning or releasing his disqualifying interest.³ While all of the exceptions to the rule permitting interested persons to testify will receive some...