Title 13, Courts and Court Procedure
0 chapters · 1,119 sections in this title.
Colo. Rev. Stat. § 13-90-101 Who may testify - interest
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All persons, without exception, other than those specified in sections 13-90-102 to 13-90-108 may be witnesses. Neither parties nor other persons who have an interest in the event of an action or proceeding shall be excluded; nor those who have been convicted of crime; nor person…
Colo. Rev. Stat. § 13-90-102 Testimony concerning oral statements made by person incapable of testifying - when allowed - definitions
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(1) Subject to the law of evidence, in any civil action or proceeding in which an oral statement of a person incapable of testifying is sought to be admitted into evidence, each party and person in interest with a party shall be allowed to testify regarding the oral statement if:…
Colo. Rev. Stat. § 13-90-103 Book account, how identified. (Repealed)
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Source: L. 1870: p. 64, � 3. G.L. � 2953. G.S. � 3642. L. 07: p. 630, � 1. R.S. 08: � 7268. C.L. � 6557. CSA: C. 177, � 3. CRS 53: � 153-1-3. C.R.S. 1963: � 154-1-3. L. 77: Entire section repealed, p. 293, � 5, effective May 26.
Colo. Rev. Stat. § 13-90-104 Conversation of deceased partner
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In any action, suit, or proceeding by or against any surviving partner or joint contractor, no adverse party or person adversely interested in the event thereof is a competent witness to testify, by virtue of section 13-90-101, to any admission or conversation by any deceased par…
Colo. Rev. Stat. § 13-90-105 Incompetent not restored by release
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In any civil action, suit, or proceeding, no person who would, if a party thereto, be incompetent to testify therein under the provisions of section 13-90-102 shall become competent by reason of any assignment or release of his claim made for the purpose of allowing such person t…
Colo. Rev. Stat. § 13-90-106 Who may not testify
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(1) The following persons shall not be witnesses: (a) Persons who are of unsound mind at the time of their production for examination; (b) (I) Children under ten years of age who appear incapable of receiving just impressions of the facts respecting which they are examined or of …
Colo. Rev. Stat. § 13-90-107 Who may not testify without consent - definitions
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(1) There are particular relations in which it is the policy of the law to encourage confidence and to preserve it inviolate; therefore, a person must not be examined as a witness in the following cases: (a) (I) Except as otherwise provided in section 14-13-310 (4), C.R.S., a hus…
Colo. Rev. Stat. § 13-90-108 Offer taken as consent
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The offer of a person of himself as a witness shall be deemed a consent to the examination. The offer of a wife, husband, attorney, clergyman, physician, surgeon, certified public accountant, or certified psychologist as a witness shall be deemed a consent to the examination, wit…
Colo. Rev. Stat. § 13-90-109 Estates of deceased persons, infants, and persons who have been declared mentally incompetent
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Nothing in this article 90 in any manner affects the laws now existing relating to the settlement of estates of deceased persons, infants, or persons who have been declared mentally incompetent or to the acknowledgment or proof of deeds and other conveyances relating to real esta…
Colo. Rev. Stat. § 13-90-110 Religious opinions of witness
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No person shall be deemed incompetent to testify as a witness on account of his opinion in relation to the Supreme Being or a future state of rewards and punishments; nor shall any witness be questioned in regard to his religious opinions. Source: L. 1872: p. 95, � 1. G.L. omitte…
Colo. Rev. Stat. § 13-90-111 Power of court to enforce attendance. (Repealed)
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Source: L. 1887: p. 447, � 1. R.S. 08: � 7279. C.L. � 6565. CSA: C. 177, � 11. CRS 53: � 153-1-11. C.R.S. 1963: � 154-1-11. L. 85: Entire section R&RE, p. 584, � 1, effective May 24. L. 2008: Entire section repealed, p. 198, � 2, effective August 5.
Colo. Rev. Stat. § 13-90-112 Power to enforce subpoena duces tecum
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The provisions of article 90.5 of this title shall also apply to a subpoena duces tecum. Source: L. 1887: p. 448, � 2. R.S. 08: � 7280. C.L. � 6566. CSA: C. 177, � 12. CRS 53: � 153-1-12. C.R.S. 1963: � 154-1-12. L. 2008: Entire section amended, p. 198, � 3, effective August 5.
Colo. Rev. Stat. § 13-90-113 Interpreters - compensation
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Except as provided in section 13-90-210, when the judge of any court of record in this state has occasion to appoint an interpreter for his court, it is his duty to fix the compensation to be paid such interpreter for each day his services are required. Source: L. 1891: p. 246, �…
Colo. Rev. Stat. § 13-90-114 Paid by state
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Except as provided in section 13-90-210, it is the duty of the state court administrator to audit the accounts of such interpreter, except for the Denver county court, as allowed by the judges of the courts of record of a county and to cause warrants to be drawn upon the state co…
Colo. Rev. Stat. § 13-90-115 Service of subpoena
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The service of any subpoena in any of the courts of record in this state may be made by any person over the age of eighteen years not a party to the action or proceeding. Proof of service so made shall be by the affidavit of the person making the same showing the time, place, and…
Colo. Rev. Stat. § 13-90-116 Examination of party to record by adverse party
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A party to the record of any civil action or proceeding, or a person for whose immediate benefit such action or proceeding is prosecuted or defended, or the directors, officers, superintendent, or managing agents of any corporation which is a party to the record in such action or…
Colo. Rev. Stat. § 13-90-117 Affirmation - form - perjury
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(1) A witness who desires it, at his option, instead of taking an oath may make his solemn affirmation or declaration by assenting when addressed in the following form: You do solemnly affirm that the evidence you shall give in this issue (or matter), pending between ........ and…
Colo. Rev. Stat. § 13-90-117.5 Oath or affirmation taken by a child
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In lieu of an oath or affirmation, any child who testifies in any proceeding pursuant to section 13-90-106 (1)(b)(II) shall be asked the following: Do you promise to tell the truth?. The court, in its discretion, may accept any indication of assent to this question by the child. …
Colo. Rev. Stat. § 13-90-118 Witness immunity
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(1) Whenever a witness refuses, on the basis of the privilege against self-incrimination, to testify or provide other information in a proceeding before or ancillary to a court or grand jury of the state of Colorado involving any laws of the state and the person presiding over th…
Colo. Rev. Stat. § 13-90-119 Privilege for newsperson
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(1) As used in this section, unless the context otherwise requires: (a) Mass medium means any publisher of a newspaper or periodical; wire service; radio or television station or network; news or feature syndicate; or cable television system. (b) News information means any knowle…
Colo. Rev. Stat. § 13-90-201 Legislative declaration
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The general assembly hereby finds and declares that it is the policy of this state to secure the rights of persons who are deaf, hard of hearing, or deafblind and who consequently cannot equally participate in or benefit from proceedings of the courts or any board, commission, ag…
Colo. Rev. Stat. § 13-90-202 Definitions
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As used in this part 2, unless the context otherwise requires: (1) Appointing authority means the presiding officer or similar official of any court, board, commission, agency, or licensing or law enforcement authority of the state. (2) Assistive listening device means an amplifi…
Colo. Rev. Stat. § 13-90-203 Powers and duties of the enterprise - rules
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The board of directors of the enterprise shall adopt rules pursuant to article 4 of title 24 as necessary for the implementation of this part 2. The rule-making process shall be open and available for input from the public, including interpreters and consumers of interpreter serv…
Colo. Rev. Stat. § 13-90-204 Appointment of auxiliary services providers
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(1) An appointing authority shall provide a qualified auxiliary services provider to interpret the proceedings to a person who is deaf, hard of hearing, or deafblind and to interpret the statements of the person who is deaf, hard of hearing, or deafblind in the following instance…
Colo. Rev. Stat. § 13-90-205 Coordination of auxiliary services requests
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(1) The division, in collaboration with the judicial department, shall establish, monitor, coordinate, and publish a list of available resources regarding communication accessibility for individuals who are deaf, hard of hearing, or deafblind, including qualified auxiliary servic…
Colo. Rev. Stat. § 13-90-206 Use of an intermediary interpreter
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If the qualified interpreter makes a determination that he or she is unable to render a satisfactory interpretation without the aid of an intermediary interpreter, the appointing authority may appoint an intermediary interpreter to assist the qualified interpreter. Source: L. 87:…
Colo. Rev. Stat. § 13-90-207 Requirements to be met prior to commencing proceedings
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(1) Prior to commencing any proceedings pursuant to section 13-90-204 requiring a qualified auxiliary services provider, the following conditions shall be met: (a) A qualified interpreter shall take an oath that he or she shall make a true interpretation in an understandable mann…
Colo. Rev. Stat. § 13-90-208 Waiver
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The right of a person who is deaf, hard of hearing, or deafblind to a qualified auxiliary service may not be waived except in writing by the person who is deaf, hard of hearing, or deafblind. Prior to executing a waiver, a person who is deaf, hard of hearing, or deafblind may hav…
Colo. Rev. Stat. § 13-90-209 Privileged communications
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If a qualified interpreter is called upon to interpret privileged communications pursuant to section 13-90-107, the interpreter shall not testify without the written consent of the person who holds the privilege. Source: L. 87: Entire part R&RE, p. 572, � 1, effective April 23.
Colo. Rev. Stat. § 13-90-210 Compensation
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Per the funding available to the division, a qualified auxiliary services provider provided pursuant to section 13-90-204 shall be compensated for their services, including waiting time and necessary travel and subsistence expenses. The amount of compensation shall be based on a …