COLORADO RULES OF EVIDENCE

• Jurisdiction: Colorado

COLORADO RULES OF EVIDENCE

TABLE OF CONTENTS

ARTICLE I GENERAL PROVISIONS

Rule 101. Scope......................................................409

Rule 102. Purpose and Construction......................................409

Rule 103. Rulings on Evidence ..........................................409

Rule 104. Preliminary Questions ......................................... 410

Rule 105. Limited Admissibility.........................................410

Rule 106. Remainder of or Related Writings or Recorded Statements............410

ARTICLE II JUDICIAL NOTICE

Rule 201. Judicial Notice of Adjudicative Facts ............................. 411

ARTICLE III PRESUMPTIONS IN CIVIL ACTIONS AND PROCEEDINGS

Rule 301. Presumptions in General in Civil Actions and Proceedings............412

Rule 302. No Colorado Rule ........................................... 412

ARTICLE IV RELEVANCY AND ITS LIMITS

Rule 401. Definition of "Relevant Evidence" ...............................412

Rule 402. Relevant Evidence Generally Admissible; Irrelevant Evidence Inadmissible.........................................412

Rule 403. Exclusion of Relevant Evidence on Grounds of Prejudice, Confusion, or Waste of Time....................................413

Rule 404. Character Evidence; Other Crimes, Wrongs, or Acts.................413

Rule 405. Methods of Proving Character ..................................414

Rule 406. Habit; Routine Practice........................................414

Rule 407. Subsequent Remedial Measures .................................414

Rule 408. Compromise and Offers to Compromise ..........................414

Rule 409. Payment of Medical and Similar Expenses ......................... 415

Rule 410. Offer to Plead Guilty; Nolo Contendere; Withdrawn Pleas of Guilty ____415

Rule 411. Liability Insurance ............................................ 416

Rule 412. No Colorado Rule ........................................... 416

ARTICLE V PRIVILEGES

Rule 501. Privileges Recognized Only as Provided ..........................416

Rule 502. Attorney-Client Privilege and Work Product; Limitations on Waiver . . . . 417

ARTICLE VI WITNESSES

Rule 601. General Rule of Competency ................................... 418

Rule 602. Lack of Personal Knowledge ...................................418

Rule 603. Oath or Affirmation...........................................418

Rule 604. Interpreters .................................................. 418

Rule 605. Competency of Judge as Witness ................................418

Rule 606. Competency of Juror as Witness.................................419

Rule 607. Who May Impeach ........................................... 419

Rule 608. Evidence of Character and Conduct of Witness .....................420

Rule 609. No Colorado Rule ........................................... 420

Rule 610. Religious Beliefs or Opinions...................................420

Rule 611. Mode and Order of Interrogation and Presentation...................420

Rule 612. Writing Used to Refresh Memory................................421

Rule 613. Prior Statements of Witnesses...................................421

Rule 614. Calling and Interrogation of Witnesses by Court .................... 421

Rule 615. Exclusion of Witnesses ........................................ 422

ARTICLE VII OPINIONS AND EXPERT TESTIMONY

Rule 701. Opinion Testimony by Lay Witnesses ............................. 422

Rule 702. Testimony by Experts ......................................... 422

Rule 703. Bases of Opinion Testimony by Experts...........................423

Rule 704. Opinion on Ultimate Issue ...................................... 423

Rule 705. Disclosure of Facts or Data Underlying Expert Opinion ..............424

Rule 706. Court Appointed Experts ....................................... 424

ARTICLE VIII HEARSAY

Rule 801. Definitions..................................................425

Rule 802. Hearsay Rule................................................426

Rule 803. Hearsay Exceptions: Availability of Declarant Immaterial.............426

Rule 804. Hearsay Exceptions: Declarant Unavailable........................431

Rule 805. Hearsay Within Hearsay ....................................... 433

Rule 806. Attacking and Supporting Credibility of Declarant .................. 433

Rule 807. Residual Exception ........................................... 433

ARTICLE IX AUTHENTICATION AND IDENTIFICATION

Rule 901. Requirement of Authentication or Identification.....................434

Rule 902. Self-Authentication ........................................... 435

Rule 903. Subscribing Witness' Testimony Unnecessary......................437

ARTICLE X CONTENTS OF WRITINGS, RECORDINGS AND PHOTOGRAPHS

Rule 1001. Definitions..................................................437

Rule 1002. Requirement of Original ....................................... 438

Rule 1003. Admissibility of Duplicates ..................................... 438

Rule 1004. Admissibility of Other Evidence of Contents ....................... 438

Rule 1005. Public Records ............................................... 439

Rule 1006. Summaries .................................................. 439

Rule 1007. Testimony or Written Admission of Party .......................... 440

Rule 1008. Functions of Court and Jury .................................... 440

ARTICLE XI MISCELLANEOUS RULES

Rule 1101. Applicability of Rules ......................................... 440

Rule 1102. No Colorado Rule ........................................... 441

Rule 1103. Title ....................................................... 441

C.R.E. Index ............................................................ 443

COLORADO RULES OF EVIDENCE

The Rules of Evidence are the product of six years of work by a select committee of the Colorado Bar Association, chaired by Professor Francis W. Jamison. The Rules parallel the Federal Rules of Evidence and the Uniform Rules of Evidence promulgated by the National Conference of Commissioners on Uniform State Laws. The drafting committee submitted the Proposed Rules to the Colorado Supreme Court and assisted in the presentation and complete review of the Rules at three public hearings.

ARTICLE I GENERAL PROVISIONS

■ Rule 101. Scope

These rules govern proceedings in all courts in the State of Colorado, to the extent and with the exceptions stated in Rule 1101.

■ Rule 102. Purpose and Construction

These rules shall be construed to secure fairness in administration, elimination of unjustifiable expense and delay, and promotion of growth and development of the law of evidence to the end that the truth may be ascertained and proceedings justly determined.

(Federal Rule Identical.)

■ Rule 103. Rulings on Evidence

(a) Effect of erroneous ruling. Error may not be predicated upon a ruling which admits or excludes evidence unless a substantial right of the party is affected, and

(1) Objection. In case the ruling is one admitting evidence, a timely objection or motion to strike appears of record, stating the specific ground of objection, if the specific ground was not apparent from the context; or

(2) Offer of proof. In case the ruling is one excluding evidence, the substance of the evidence was made known to the court by offer or was apparent from the context within which questions were asked.

Once the court makes a definitive ruling on the record admitting or excluding evidence, either at or before trial, a party need not renew an objection or offer of proof to preserve a claim of error for appeal.

(b) Record of offer and ruling. The court may add any other or further statement which shows the character of evidence, the form in which it was offered, the objection made, and the ruling thereon. It may direct the making of an offer in question and answer form.

(c) Hearing of jury. In jury cases, proceedings shall be conducted, to the extent practicable, so as to prevent inadmissible evidence from being suggested to the jury by any means, such as making statements or offers of proof or asking questions in the hearing of the jury.

(d) Plain error. Nothing in this rule precludes taking notice of plain errors affecting substantial rights although they were not brought to the attention of the court.

(Federal Rule Identical.)

Source: (a) amended and adopted June 20, 2002, effective July 1, 2002.

■ Rule 104. Preliminary Questions

(a) Questions of admissibility generally. Preliminary questions concerning the qualification of a person to be a witness, the existence of a privilege, or the admissibility of evidence shall be determined by the court, subject to the provisions of subdivisions (b). In making its determination it is not bound by the rules of evidence except those with respect to privileges.

(b) Relevancy conditioned on fact. When the relevancy of evidence depends upon the fulfillment of a condition of fact, the court shall admit it upon, or subject to, the introduction of evidence sufficient to support a finding of the fulfillment of the condition.

(c) Hearing of jury. Hearings on the admissibility of confessions shall in all cases be conducted out of the hearing of the jury. Hearings on other preliminary matters shall be so conducted when the interests of justice require or, when an accused is a witness, if he so requests.

(d) Testimony by accused. The accused does not, by testifying upon a preliminary matter, subject himself to cross-examination as to other issues in the case.

(e) Weight and credibility. This rule does not limit the right of a party to introduce before the jury evidence relevant to weight or credibility.

(Federal Rule Identical.)

■ Rule 105. Limited Admissibility

When evidence which is admissible as to one party or for one purpose but not admissible as to another party or for another purpose is admitted, the court, upon request, shall restrict the evidence to its proper scope and instruct the jury accordingly.

(Federal Rule Identical.)

■ Rule 106. Remainder of or Related Writings or Recorded...