Chapter 6 - § 6.18 REOPENING THE CASE IN CHIEF

• Jurisdiction: Colorado

§ 6.18 REOPENING THE CASE IN CHIEF

Colorado

➢ Reopening Case Discretionary. Whether to allow a party to reopen its case in chief in order to receive more detailed testimony regarding facts already presented is within the trial court's discretion. Justi v. RHO Condo. Ass'n, 277 P.3d 847, 849 (Colo. App. 2011); Rocky Mtn. Animal Defense v. State Div. of Wildlife, 100 P.3d 508, 519 (Colo. App. 2004); Federal Lumber Co. v. Wheeler, 643 P.2d 31, 36 (Colo. 1981).

➢ Standard of Review. A court's abuse of discretion in ruling on a motion to reopen is reversible only upon a showing of prejudicial error. Justi, 277 P.3d at 849-50.

➢ Reopening Case; Court's Motion. Absent an abuse of discretion, the court on its own may reopen a case to permit the reception of new evidence. Eaton v. Francis, 484 P.2d 128, 130 (Colo. App. 1971) (not selected for official publication).

➢ Reopening Case; Avoiding Directed Verdict. "[A] party seeking to reopen the evidence after he or she has rested and after a motion for a directed verdict has been made must make an offer of proof as to what specific evidence the party would present and demonstrate that this evidence would cure any deficiencies in that party's case. Failure to do so waives any right that the party may have to present

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