Colorado Supreme Court Rules Committees, 0521 COBJ, Vol. 50, No. 5 Pg. 70

AuthorCarlos A. Samour Jr., Justice, Colorado Supreme Court
PositionVol. 50, 5 [Page 70]

50 Colo.Law. 70

Colorado Supreme Court Rules Committees

No. Vol. 50, No. 5 [Page 70]

Colorado Lawyer

May, 2021

COURT BUSINESS

Rule Change 2021(03) Colorado Rules of Evidence 404, 803, and 901

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

(a) [NO CHANGE]

(b) Other Crimes, Wrongs, or Acts.

(1) Prohibited Uses. Evidence of any other crime, wrong, or act is not admissible to prove a person's character in order to show that on a particular occasion the person acted in conformity with the character.

(2) Permitted Uses. This evidence may be admissible for another purpose, such as proving motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, or lack of accident.

(3) Notice in a Criminal Case. In a criminal case, the prosecutor must:

(A) provide reasonable notice of any such evidence that the prosecutor intends to offer at trial, so that the defendant has a fair opportunity to meet it;

(B) articulate in the notice the permitted purpose for which the prosecutor intends to offer the evidence and the reasoning that supports the purpose; and

(C) do so in writing before trial—or in any form during trial if the court, for good cause, excuses lack of pretrial notice.

Rule 803. Hearsay Exceptions: Availability of Declarant Immaterial

The following are not excluded by the hearsay rule, even though the declarant is available as a witness:

(1)-(15) [NO CHANGE]

(16) Statements in Ancient Documents. A statement in a document that was prepared before January 1, 1998, and whose authenticity is established.

COMMITTEE COMMENT [NO CHANGE] (17)-(24) [NO CHANGE]

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