Chapter 8 - § 8.3 • COMPETENCY

• Jurisdiction: Colorado

§ 8.3 • COMPETENCY

Colorado

➢ General. In general, every person is competent to be a witness. CRE 601; C.R.S. § 13-90-101. Specific exceptions to competency are provided for by statute. See C.R.S. §§ 13-90-102 through -107.

➢ Persons Incapable of Testifying. In an action by or against a person incapable of testifying, each party and person in interest with a party is allowed to testify regarding an oral statement made by the person incapable of testifying if (1) the statement was made under oath at the time the person was competent to testify, (2) the statement is corroborated by material evidence of an independent and trustworthy nature, (3) the opposing party introduces uncorroborated evidence of related communications through a party or person in interest with a party, or (4) the party or person testifies against his or her own interests. Questions of admissibility must be determined by the court as a matter of law. C.R.S. §§ 13-90-102(1) and (2).
➢ Partners and Joint Contractors. In an action by or against a surviving partner or joint contractor, no adverse party may testify to a conversation by a deceased partner or joint contractor unless one of the surviving partners or joint contractors was also present at the time of the conversation. C.R.S. § 13-90-104.

➢ Discretion. A trial court has wide latitude in determining the competency of witnesses, and its finding may not be altered unless there was an abuse of discretion. People v. Galloway, 677 P.2d 1380 (Colo. App. 1983).

➢ Personal Knowledge. Unless provided otherwise by statute or by rule, every person with personal knowledge of the matter on which he or she is to testify is competent to be a witness. Wise v. Hillman, 625 P.2d 364 (Colo. 1981). So long as there is sufficient evidence from which a jury could find that the witness has personal knowledge of the event to which the witness is about to testify, the witness should be permitted to testify and the weight and credibility should be left to the jury. Burlington Northern R.R. Co. v. Hood, 802 P.2d 458 (Colo. 1990).

➢ Basic Competency. If the court determines that a witness can observe and relate facts accurately and understands the moral obligation to tell the truth, the witness is competent to testify. People v. Estorga, 612 P.2d 520 (Colo. 1980).

➢ Interpreters. An interpreter must be found to be qualified as an expert and must affirm under oath or affirmation that he or she will make a true translation of a witness's testimony under

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