Copies of all documents recorded or filed in the office of the clerk and recorder and transcripts from the records kept therein, certified by the clerk and recorder under the seal of his or her office, shall be prima facie evidence in all cases.
Source: G.L. § 488. G.S. § 583. R.S. 08: § 1266. C.L. § 8741. CSA: C. 45, § 88. CRS 53: § 35-4-13. C.R.S. 1963: § 35-4-13. L. 96: Entire section amended, p. 1560, § 10, effective July 1.
ANNOTATION
Public record is prima facie evidence of collateral matters appropriately incorporated therein when the document has been signed under oath and properly attested to, as such precautions afford at least a presumption of trustworthiness with respect to matters contained within the document. Oak Creek Power Co. v. Colo. River Water Conservation Dist., 182 Colo. 389, 514 P.2d 323 (1973).
Under this section, articles of incorporation, when so recorded, may be used in evidence for the purpose of establishing any fact other than that of corporate existence; and, even without this provision of the law, it is held that where the record or document appointed by law is not part of the fact to be proved, but is merely a collateral or subsequent memorial of the fact, it has not this exclusive character, but any other legal proof is admitted. Thus, the date of incorporation is a secondary fact, and could be proved by collateral circumstances or parol evidence. Schiffer v. Adams, 13 Colo. 572, 22 P. 964 (1889).