Rule 802 HEARSAY RULE

• Jurisdiction: Colorado

Rule 802. Hearsay Rule

Hearsay is not admissible except as provided by these rules or by the civil and criminal procedural rules applicable to the courts of Colorado or by any statutes of the State of Colorado.

ANNOTATION

Law reviews. For article, "Hearsay in Criminal Cases Under the Colorado Rules of Evidence: An Overview", see 50 U. Colo. L. Rev. 277 (1979).

Rationale behind rule. Hearsay rule generally forbids evidence of out-of-court utterances to prove facts asserted in them because of the lack of opportunity to test, by cross-examination, the accuracy and truth of the statements offered. Fernandez v. People, 176 Colo. 346, 490 P.2d 690 (1971).

No case law or common law exceptions. The language of this rule does not permit any exception based upon "case law" or "common law" decisions to its prohibition against the admission of hearsay evidence. People v. Rosenthal, 670 P.2d 1254 (Colo. App. 1983).

Inadmissible hearsay evidence not transformed into competent evidence by testimony of observations. Inadmissible hearsay evidence is not transformed into competent evidence by permitting a witness to testify as to his own observations when the effect is the same as admitting inadmissible hearsay on statements or conduct which are not in evidence. People v. Botham, 629 P.2d 589 (Colo. 1981).

Burden of proof that statement falls within hearsay exception. The prosecution has the burden of showing that a statement falls within an exception to the hearsay rule. People in Interest of R.L., 660 P.2d 26 (Colo. App. 1983).

Even if it is established that defendant has forfeited his or her right to confront a witness, the reliability of the evidence must still be ensured according to the standards of the rules of evidence. Vasquez v. People, 173 P.3d 1099 (Colo. 2007).

Where defendant's counsel made a deliberate, tactical choice to introduce bystander's hearsay statement into case, defendant invited any error that may have resulted from its introduction. Therefore, hearsay admission did not violate defendant's right to confront the witnesses against him. People v. Gibson, 203 P.3d 571 (Colo. App. 2008).

Erroneous admission of hearsay evidence, without a showing by prosecution that evidence was admissible under exception to hearsay rule or that declarant was unavailable, was harmless error where there was abundant evidence upon which jury could find the defendant guilty without the hearsay testimony. Erroneous admission of hearsay evidence does not violate the...