Title 13, Courts and Court Procedure
0 chapters · 1,119 sections in this title.
Colo. Rev. Stat. § 13-25-113 Lost deed - bond - note - affidavit
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When, in the progress of any suit in any court in this state, either party thereto relies for its maintenance or defense, in whole or in part, on any deed, bond, note, draft, bill of exchange, letter, or any other writing alleged to have been executed, signed, or written by the a…
Colo. Rev. Stat. § 13-25-114 Certificate of publisher
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When any notice or advertisement is required by law or order of court to be published in any newspaper, the certificate of the printer or publisher with a printed copy of such notice or advertisement annexed, stating the number of times which the same has been published and the d…
Colo. Rev. Stat. § 13-25-115 Certificate of head officer
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Where a subpoena is issued to a state agency of an executive department seeking an appearance in any court of record, and the evidence sought is proof of the absence of a public record or entry, or the foundation for or the authenticity of the documents which are otherwise admiss…
Colo. Rev. Stat. § 13-25-116 Water officials' records
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In all civil actions, special proceedings, or other modes of litigation before a water judge or referee having power to receive evidence, all records, reports, tables, and other documents of division engineers and water commissioners of the state of Colorado and all records, stre…
Colo. Rev. Stat. § 13-25-117 Parties plaintiff
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In trials of actions upon contracts, expressed or implied, where the action is brought by partners or by joint payees or obligees, it shall not be necessary for the plaintiff, in order to maintain any such action, to prove the partnership of the individuals named in such action o…
Colo. Rev. Stat. § 13-25-118 Joint defendants
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In actions upon express contracts against two or more defendants alleged to have been made or executed by such defendants as partners or joint obligors or payors, proof of the joint liability or partnership of the defendants, or their first names or surnames, shall not in the fir…
Colo. Rev. Stat. § 13-25-119 Dying declarations
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(1) The dying declarations of a deceased person are admissible in evidence in all civil and criminal trials and other proceedings before courts, commissions, and other tribunals to the same extent and for the same purposes that they might have been admissible had the deceased sur…
Colo. Rev. Stat. § 13-25-120 Corporate resolutions and minutes
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(1) A certified copy of a resolution purportedly adopted by a meeting of the board of directors, or by a meeting of the stockholders of a corporation, or of the minutes or of a portion of the minutes of a meeting of the board of directors or stockholders of a corporation, when th…
Colo. Rev. Stat. § 13-25-121 Reports of death
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A written finding of actual death, made by the secretary of the Army, the secretary of the Navy, or other officer or employee of the United States authorized to make such finding pursuant to the federal missing persons act (50 U.S.C. app. supp. 1001-17), as now or hereafter amend…
Colo. Rev. Stat. § 13-25-122 Person missing, interned, or captured
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An official written report or record, or duly certified copy thereof, that a person is missing, missing in action, interned in a neutral country, or beleaguered, besieged, or captured by an enemy, or is dead, or is alive made by any officer or employee of the United States author…
Colo. Rev. Stat. § 13-25-123 Report deemed pursuant to law
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For purposes of sections 13-25-121 and 13-25-122, any finding, report, or record, or duly certified copy thereof, purporting to have been signed by an officer or employee of the United States as described in sections 13-25-121 and 13-25-122 shall prima facie be deemed to have bee…
Colo. Rev. Stat. § 13-25-124 Libel and slander - how pleaded
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In an action for libel or slander, it shall not be necessary to state in the complaint any extrinsic facts for the purpose of showing the application to the plaintiff of the defamatory matter out of which the cause of action arose. It shall be sufficient to state generally that t…
Colo. Rev. Stat. § 13-25-125 Justification - pleaded and proved
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In an action for libel or slander, the defendant, in his answer, may allege both the truth of the matter charged as defamatory and any mitigating circumstances to reduce the amount of damages; and, whether he proves the justification or not, he may give in evidence the mitigating…
Colo. Rev. Stat. § 13-25-125.5 Libel and slander - self-publication
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No action for libel or slander may be brought or maintained unless the party charged with such defamation has published, either orally or in writing, the defamatory statement to a person other than the person making the allegation of libel or slander. Self-publication, either ora…
Colo. Rev. Stat. § 13-25-126 Genetic tests to determine parentage
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(1) (a) (I) In any action, suit, or proceeding in which the parentage of a child is at issue, including but not limited to actions or proceedings pursuant to section 14-10-122 (6) or 19-4-107.3, C.R.S., upon motion of the court or any of the interested parties, the court shall or…
Colo. Rev. Stat. § 13-25-126.5 Documents arising from environmental self-evaluation - admissibility in evidence
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(1) The general assembly hereby finds and declares that protection of the environment is enhanced by the public’s voluntary compliance with environmental laws and that the public will benefit from incentives to identify and remedy environmental compliance issues. It is further de…
Colo. Rev. Stat. § 13-25-127 Civil actions - degree of proof required
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(1) Any provision of the law to the contrary notwithstanding and except as provided in subsection (2) of this section, the burden of proof in any civil action shall be by a preponderance of the evidence. The provisions of this subsection (1) shall not apply to the burden of proof…
Colo. Rev. Stat. § 13-25-128 Rules of evidence - grant of authority subject to reservation
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The supreme court of the state of Colorado shall have the power to prescribe general rules of evidence for the courts of record in the state of Colorado. Such rules of evidence shall be construed to be rules of practice and procedure and shall not be construed in such manner that…
Colo. Rev. Stat. § 13-25-129 Statements of a child - hearsay exception
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(1) An out-of-court statement made by a person under thirteen years of age, not otherwise admissible by a statute or court rule that provides an exception to the hearsay objection, is admissible in any criminal, delinquency, or civil proceeding in which the person is alleged to h…
Colo. Rev. Stat. § 13-25-129.5 Statements of persons with intellectual and developmental disabilities - hearsay exception
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(1) An out-of-court statement made by a person with an intellectual and developmental disability, as defined in section 25.5-10-202 (26)(a), C.R.S., not otherwise admissible by a statute or court rule that provides an exception to the objection of hearsay is admissible in any cri…
Colo. Rev. Stat. § 13-25-130 Criminal actions - use of photographs, video tapes, or films of property
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(1) Photographs, video tapes, or films of property over which a person is alleged to have exerted unauthorized control or otherwise to have obtained unlawfully are competent evidence if the photographs, video tapes, or films are admissible into evidence under the rules of law gov…
Colo. Rev. Stat. § 13-25-131 Civil actions - sexual assault - certain evidence presumed irrelevant
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(1) In any civil action for damages by an alleged victim which alleges damages resulting from a sexual assault on a client by any person who enters into a professional-client relationship that permits professional physical access to the client’s person or the opportunity to affec…
Colo. Rev. Stat. § 13-25-132 Criminal actions - video tape depositions - use at trial
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(1) (a) In any criminal action, if the court finds, upon application of the prosecution, that there is substantial risk of physical harm or intimidation of a witness, the court may enter an order that a deposition be taken of that witness' testimony and that the deposition be rec…
Colo. Rev. Stat. § 13-25-133 Telecommunications devices for the deaf and teletype - inadmissibility in evidence - exception
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(1) Except as provided in subsection (3) of this section, the contents of any communication made directly or indirectly through a telecommunications device for the deaf (commonly known as TDD) or teletype (commonly known as TTY) and any writing or recording resulting from the com…
Colo. Rev. Stat. § 13-25-134 Electronic records and signatures - admissibility in evidence - originals
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Pursuant to the provisions of article 71.3 of title 24, C.R.S., in any legal proceeding, nothing in the application of the rules of evidence shall apply so as to deny the admissibility of an electronic record or electronic signature into evidence on the sole ground that it is an …
Colo. Rev. Stat. § 13-25-135 Evidence of admissions - civil proceedings - unanticipated outcomes - medical care
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(1) In any civil action brought by an alleged victim of an unanticipated outcome of medical care, or in any arbitration proceeding related to such civil action, any and all statements, affirmations, gestures, or conduct expressing apology, fault, sympathy, commiseration, condolen…
Colo. Rev. Stat. § 13-25-136 Criminal actions - prenatal drug and alcohol screening - admissibility of evidence
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A court shall not admit in a criminal proceeding information relating to substance use obtained as part of a screening or test performed to determine pregnancy or to provide prenatal or postpartum care, up to one year postpartum, or if a pregnant or parenting person discloses sub…
Colo. Rev. Stat. § 13-25-137 Admissibility of commercial packaging
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(1) Labels or packages listing, indicating, or describing the contents or ingredients of any commercially packaged item are admissible in evidence to prove that the item contains the contents or ingredients listed on the label or package. A label or package listing that identifie…
Colo. Rev. Stat. § 13-25-138 Victim’s prior sexual conduct history - evidentiary hearing - victim’s identity - protective order
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(1) Evidence of specific instances of the victim’s prior or subsequent sexual conduct, opinion evidence of the victim’s sexual conduct, and reputation evidence of the victim’s sexual conduct is presumed irrelevant and is not admissible in a civil proceeding involving alleged sexu…
Colo. Rev. Stat. § 13-25-139 Criminal action - interference with witness - forfeiture by wrongdoing
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When a party to a criminal case wrongfully procures the unavailability of a witness, a statement otherwise not admissible pursuant to the Colorado rules of evidence that is offered against the party that was involved in or responsible for the wrongdoing that was intended to, and …
Colo. Rev. Stat. § 13-26-101 Short title
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This article shall be known and may be cited as the Uniform Photographic Copies of Business and Public Records as Evidence Act. Source: L. 55: p. 374, � 3. CRS 53: � 52-2-3. C.R.S. 1963: � 52-2-3.
Colo. Rev. Stat. § 13-26-102 Business and public records as evidence
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If any business, institution, or member of a profession or calling or any department or agency of government in the regular course of business or activity keeps or records any memorandum, writing, entry, print, or representation, or combination thereof, of any act, transaction, o…
Colo. Rev. Stat. § 13-26-103 Records of trust departments or companies not excepted
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The records of the trust department of a bank or trust company are not such records as are excepted under the phrase held in a custodial or fiduciary capacity in section 13-26-102. The originals of such trust records may be reproduced at any time and destroyed at any time, if don…
Colo. Rev. Stat. § 13-26-104 Uniform construction
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This article shall be so interpreted and construed as to effectuate its general purpose of making uniform the law of those states which enact it. Source: L. 55: p. 374, � 2. CRS 53: � 52-2-2. C.R.S. 1963: � 52-2-2.
Colo. Rev. Stat. § 13-27-101 Short title
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The short title of this article 27 is the Uniform Unsworn Declarations Act. Source: L. 2018: Entire article added with relocations, (SB 18-032), ch. 8, p. 154, � 9, effective October 1. Editor's note: This section is similar to former � 12-55-301 as it existed prior to 2018.
Colo. Rev. Stat. § 13-27-102 Definitions
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In this article 27: (1) Boundaries of the United States means the geographic boundaries of the United States, Puerto Rico, the United States Virgin Islands, and any territory or insular possession subject to the jurisdiction of the United States. (2) Law includes the federal or a…
Colo. Rev. Stat. § 13-27-103 Applicability
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This article 27 applies to an unsworn declaration by a declarant who at the time of making the declaration is physically located within or outside the boundaries of the United States whether or not the location is subject to the jurisdiction of the United States. Source: L. 2018:…
Colo. Rev. Stat. § 13-27-104 Validity of unsworn declaration
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(1) Except as otherwise provided in subsection (2) of this section, if a law of this state requires or permits use of a sworn declaration in a court proceeding, an unsworn declaration meeting the requirements of this article 27 has the same effect as a sworn declaration. (2) This…
Colo. Rev. Stat. § 13-27-105 Required medium
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If a law of this state requires that a sworn declaration be presented in a particular medium, an unsworn declaration must be presented in that medium. Source: L. 2018: Entire article added with relocations, (SB 18-032), ch. 8, p. 155, � 9, effective October 1. Editor's note: This…
Colo. Rev. Stat. § 13-27-106 Form of unsworn declaration
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An unsworn declaration under this article 27 must be in substantially the following form: I declare under penalty of perjury under the law of Colorado that the foregoing is true and correct. Executed on the ________ day of ________, ________, (date) (month) (year) at ____________…
Colo. Rev. Stat. § 13-27-107 Uniformity of application and construction
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In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. Source: L. 2018: Entire article added with relocations, (SB 18-032), ch. 8, p. 155, � 9, effective …
Colo. Rev. Stat. § 13-27-108 Relation to “Electronic Signatures in Global and National Commerce Act”
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This article 27 modifies, limits, and supersedes the federal “Electronic Signatures in Global and National Commerce Act”, 15 U.S.C. sec. 7001, et seq., but does not modify, limit, or supersede section 101 (c) of that act, 15 U.S.C. sec. 7001 (c), or authorize electronic delivery …
Colo. Rev. Stat. § 13-30-101 Short title
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This article shall be known and may be cited as the Colorado Judicial Compensation Act. Source: L. 71: p. 581, � 1. C.R.S. 1963: � 56-7-1.
Colo. Rev. Stat. § 13-30-102 Legislative declaration
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In carrying out its responsibility to provide for judicial salaries pursuant to section 18 of article VI of the state constitution, the general assembly hereby declares that the purpose of this article is to set the amount of judicial compensation for justices of the supreme cour…
Colo. Rev. Stat. § 13-30-103 Compensation of justices and judges
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(1) In addition to the provisions of section 13-30-104, the following salaries for the following officers shall apply: (a) The chief justice of the supreme court shall receive effective July 1, 1991, an annual salary of seventy-nine thousand dollars, and effective July 1, 1992, a…
Colo. Rev. Stat. § 13-30-104 Judicial compensation adjustment - annual general appropriations bill
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(1) Effective July 1, 1988, the annual compensation of justices and judges in effect on the preceding June 30, as provided in section 13-30-103 (1)(a) to (1)(g) and (1)(j), shall be increased by four thousand five hundred dollars, and the annual compensation of all special associ…
Colo. Rev. Stat. § 13-32-101 Docket fees in civil actions - judicial stabilization cash fund - justice center cash fund - justice center maintenance fund - equal justice fee collection - created - report - legislative declaration
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(1) At the time of first appearance in all civil actions and special proceedings in all courts of record, except in the supreme court and the court of appeals, and except in the probate proceedings in the district court or probate court of the city and county of Denver, and excep…
Colo. Rev. Stat. § 13-32-102 Fees in probate proceedings - equal justice fee collection
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(1) On and after July 1, 2019, for services rendered by judges and clerks of district or probate courts in all counties of the state of Colorado in proceedings had pursuant to articles 10 to 17 of title 15, the court shall charge the following fees: (a) Docket fee at the time of …
Colo. Rev. Stat. § 13-32-103 Docket fees in special proceedings
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(1) (a) On and after July 1, 2008, if an appeal is taken from a judgment of a county court in a criminal matter or from a judgment of a municipal court, the appellant shall pay a docket fee of seventy dollars. Such an appeal shall not be subject to the tax imposed by section 2-5-…
Colo. Rev. Stat. § 13-32-104 Additional fees of clerks of courts
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(1) On and after July 1, 2008, in addition to the fees provided in sections 13-32-101, 13-32-103, and 13-32-105 (1), the following fees shall be paid to the clerk of the court by the party ordering the same: (a) For preparing any record on appellate review, or for a copy of any r…