General Rule of Competency — Rule 601

• Jurisdiction: Colorado

General Rule of Competency — Rule 601

SUMMARY OF RULE 601

• Every person is competent to be a witness unless otherwise provided in the Rules of Evidence or any statute of Colorado.
• Preserves statutory classification of persons who are not competent as witnesses found in C.R.S. §§ 13-90-101 through 13-90-107.
• The only requirement of a witness before testifying is to declare that he or she will testify truthfully by oath or affirmation. CRE 603.

LEGAL AUTHORITIES

Statutory Exceptions to General Rule of Competency

• C.R.S. § 13-90-101 — General Competency.

○ All persons may be witnesses unless excepted in C.R.S. §§ 13-90-102 through 13-90-107.
○ The objection to the competency of a witness must be made at trial or it will be waived. The competency of a child witness is within the sound discretion of the trial court and will not be reversed absent clear abuse. Harris v. People, 484 P.2d 1223 (Colo. 1971).

• C.R.S. § 13-90-102 — Colorado Dead Man's Statute.

○ A person having an interest in the outcome may not testify against a person incapable of testifying unless a statement was made under oath at a time when the person was competent to testify, the statement is corroborated by material evidence of an independent and trustworthy nature, or the opposing party introduces uncorroborated evidence of related communications.

○ A common law wife and decedent's widow cannot testify regarding the marriage with the decedent when the validity of the marriage would diminish the interest of the heirs under the Dead Man's Statute. In re Estate of Crenshaw, 100 P.3d 568 (Colo. App. 2004).

• C.R.S. § 13-90-104 — Partners and Joint Contractors.

○ In an action by or against a surviving partner or joint contractor, an adverse party is not a competent witness to any admissions or conversation by a deceased partner or joint contractor, unless one or more of the surviving partners or joint contractors were also present at the time of the admission or conversation.

• C.R.S. § 13-90-105 — Assignment or Release of Claim.

○ A person who is not competent to testify under C.R.S. § 13-90-102 (Dead Man's Statute) shall not become competent by an assignment or release of his or her claim that is made for the purpose of allowing such person to testify.

• C.R.S. § 13-90-106(1)(a) — Unsound Mind.

○ Persons of unsound mind at the time of their testimony shall not be witnesses.

• C.R.S. § 13-90-106(1)(b)(I) — Child Witnesses.

○ Prohibits children under age ten from being a witness if

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