Chapter 42 - § 42.5 • CONDITIONS FOR APPLICATION OF DEAD MAN'S STATUTE

• Jurisdiction: Colorado

§ 42.5 • CONDITIONS FOR APPLICATION OF DEAD MAN'S STATUTE

In broad outline, the dead man's statute takes effect when three conditions attach: (1) the matter involved is a conversation or transaction with the decedent; (2) the person whose testimony is offered is excluded by the statute, after giving effect to the nine exceptions thereto; and (3) the person against whom the testimony is offered is a person who is protected by the statute.⁷

--------

Notes:

^[7] Bennett v. Kresse, 483 P.2d...