reglab/housing_qa huggingface dataset:
CO Code § 13-64-402 (2021)
2021 Colorado Code|Title 13 - Courts and Court Procedure|Article 64 - Health Care Availability Act|Part 4 - Procedures and Evidence in Medical Malpractice Actions|§ 13-64-402. Collateral Source Evidence

  In any action in a court or arbitration proceeding for personal injury against a health-care provider for professional negligence, the plaintiff shall, within sixty days after the commencement thereof, serve written notice thereof to the third party payer or provider of any amount paid or payable as a medical benefit pursuant to any health, sickness, or accident insurance or plan, which provides health benefits, or any contract or agreement of any group, organization, partnership, or corporation to provide, pay for, or reimburse the cost of medical, hospital, dental, or other health-care services, and shall file a copy thereof with the court or arbitrator. Such service shall be made pursuant to section 10-3-107 (1) or (1.5), C.R.S., or pursuant to the Colorado rules of civil procedure.    If such third party payer or provider of such benefits has a right of subrogation for such payments, it shall file with the court or arbitrator written notice of such subrogated claim, without specifying a definite amount, within ninety days after receipt of the notice required in subsection (1) of this section, and transmit a copy thereof to the party plaintiff. Failure to file such written notice shall constitute a waiver of such right of subrogation as to such action.    Before entering final judgment, the court shall determine the amount, if any, due the third party payer or provider and enter its judgment in accordance with such finding.    The provisions of this section shall not apply to section 25.5-4-301, C.R.S.     History. Source: L. 88: Entire article added, p. 620, § 1, effective July 1. L. 92: Entire section amended, p. 269, § 1, effective April 16. L. 2006: (4) amended, p. 2001, § 47, effective July 1.    ANNOTATION   Law reviews. For article, “Recovery of Medical Expenses by Insured Medical Malpractice Victims”, see 33 Colo. Law. 113 (July 2004).   There is no indication that the provision in this section creating a mechanism for insurers to assert their subrogation rights for medical benefits paid to a plaintiff is meant to supplant a prevailing party's right to recover costs. Mullins v. Kessler, 83 P.3d 1203 (Colo. App. 2003).   Court construed the Health Care Availability Act in harmony with § 13-16-105 and C.R.C.P. 54(d) to allow a prevailing defendant to recover costs in a medical negligence action. Mullins v. Kessler, 83 P.3d 1203 (Colo. App. 2003).
CO Code § 13-64-404 (2021)
2021 Colorado Code|Title 13 - Courts and Court Procedure|Article 64 - Health Care Availability Act|Part 4 - Procedures and Evidence in Medical Malpractice Actions|§ 13-64-404. Effective Date - Applicability of Part

 This part 4 shall take effect July 1, 1988, and shall apply to acts or omissions occurring on or after said date and shall apply to agreements for medical services containing a binding arbitration provision on or after said date.   History. Source: L. 88: Entire article added, p. 623, § 1, effective July 1.
CO Code § 13-64-501 (2021)
2021 Colorado Code|Title 13 - Courts and Court Procedure|Article 64 - Health Care Availability Act|Part 5 - Limitation on Actions Brought|§ 13-64-501. Definitions

 As used in this part 5, unless the context otherwise requires:    “Health-care institution” means any licensed or certified hospital, health-care facility, dispensary, or other institution for the treatment or care of the sick or injured.    “Health-care professional” means any person licensed in this state or any other state to practice medicine, chiropractic, or nursing.     History. Source: L. 88: Entire article added, p. 623, § 1, effective July 1.
CO Code § 13-64-502 (2021)
2021 Colorado Code|Title 13 - Courts and Court Procedure|Article 64 - Health Care Availability Act|Part 5 - Limitation on Actions Brought|§ 13-64-502. Limitation on Actions

  No claimant, including an infant or his personal representative, parents, or next of kin, may recover for any damage or injury arising from genetic counseling and screening and prenatal care, or arising from or during the course of labor, delivery, or the period of postnatal care in a health care institution, where such damage or injury was the result of genetic disease or disorder or other natural causes, unless the claimant can establish by a preponderance of the evidence that the damage or injury could have been prevented or avoided by ordinary standard of care of the physician or other health care professional or health care institution.      Medical records of or any other medical information concerning a person whose alleged death or injury is the subject matter of a civil action under subsection (1) of this section shall be discoverable by a party defendant under the provisions of the Colorado rules of civil procedure and shall not be inadmissible in evidence because of the provisions of section 13-90-107 (1)(d).    Medical records and information concerning such person's genetic siblings, parents, and grandparents may be discoverable as provided in paragraph (a) of this subsection (2) if the defendant, after reasonable efforts, is unable to obtain appropriate releases and makes a showing to the court of the possible relevancy of such records or information. In such case, the court may order the production of such records. If deemed necessary, the court may hold an in camera proceeding on the relevancy of such records. No liability shall attach to any physician, health care professional, or health care institution as a result of the release of such medical records or information.         History. Source: L. 88: Entire article added, p. 623, § 1, effective July 1. L. 89: Entire section R&RE, p. 763, § 4, effective July 1.
CO Code § 13-64-503 (2021)
2021 Colorado Code|Title 13 - Courts and Court Procedure|Article 64 - Health Care Availability Act|Part 5 - Limitation on Actions Brought|§ 13-64-503. Effective Date - Applicability of Part

 This part 5 shall take effect July 1, 1988, and shall apply to acts or omissions occurring on or after said date.   History. Source: L. 88: Entire article added, p. 623, § 1, effective July 1.
CO Code § 13-90-104 (2021)
2021 Colorado Code|Title 13 - Courts and Court Procedure|Article 90 - Witnesses|Part 1 - General Provisions|§ 13-90-104. Conversation of Deceased Partner

 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 partner or joint contractor, unless one or more of the surviving partners or joint contractors were also present at the time of such admission or conversation.   History. Source: L. 1870: P. 64, § 4. G.L. § 2954. G.S. § 3643. R.S. 08: § 7269. C.L. § 6558. CSA: C. 177, § 4. CRS 53: § 153-1-4. C.R.S. 1963: § 154-1-4. History. Source: L. 1870: P. 64, § 4. G.L. § 2954. G.S. § 3643. R.S. 08: § 7269. C.L. § 6558. CSA: C. 177, § 4. CRS 53: § 153-1-4. C.R.S. 1963: § 154-1-4.    Cross references:   For the nature of the joint liability of the partnership, see §§ 7-60-111 and 7-60-115 .   ANNOTATION   Purpose is to protect surviving copartner. The purpose of this section is wise and wholesome, to the end that a surviving copartner may be protected from injury and wrong, which otherwise might easily be perpetrated. Watkins v. Adams, 53 Colo. 290 , 125 P. 122 (1912).   In an action against the survivors of a partnership the plaintiff is not a competent witness to testify to a contract made, or conversation had with the deceased partner, not in the presence of any of the survivors. Watkins v. Adams, 53 Colo. 290 , 125 P. 122 (1912).   Unless one of the surviving partners was present. This section clearly indicates, that where the suit is brought against any surviving partner or joint contractor, that the testimony relative to any admission or conversation by the deceased person or joint contractor shall not be admitted unless some one or more of the surviving partners or joint contractors were present at the time of the admission or conversation. Savard v. Herbert, 1 Colo. App. 445, 29 P. 461 (1892).
CO Code § 13-90-105 (2021)
2021 Colorado Code|Title 13 - Courts and Court Procedure|Article 90 - Witnesses|Part 1 - General Provisions|§ 13-90-105. Incompetent Not Restored by Release

 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 to testify.   History. Source: L. 1870: P. 65, § 7. G.L. § 2957. G.S. § 3644. R.S. 08: § 7270. C.L. § 6559. CSA: C. 177, § 5. CRS 53: § 153-1-5. C.R.S 1963: § 154-1-5. L. 77: Entire section amended, p. 293, § 6, effective May 26. History. Source: L. 1870: P. 65, § 7. G.L. § 2957. G.S. § 3644. R.S. 08: § 7270. C.L. § 6559. CSA: C. 177, § 5. CRS 53: § 153-1-5. C.R.S 1963: § 154-1-5. L. 77: Entire section amended, p. 293, § 6, effective May 26.    ANNOTATION   Effect of this section is to bar party in interest from disclaiming interest in the lawsuit in order to establish competency as a witness. In re Estate of Gardner, 31 Colo. App. 361, 505 P.2d 50 (1972).   This heir, despite disclaimer of interest, may not testify as to mental incompetency of deceased. Caveator and heir, who would take if attack on will was successful, could not, in view of dead man's statute objection, testify as to the alleged mental incompetence of testator at time will is executed, notwithstanding caveator's disclaimer of any interest in the estate. In re Estate of Gardner, 31 Colo. App. 361, 505 P.2d 50 (1972).
CO Code § 13-90-108 (2021)
2021 Colorado Code|Title 13 - Courts and Court Procedure|Article 90 - Witnesses|Part 1 - General Provisions|§ 13-90-108. Offer Taken as Consent

 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, within the meaning of section 13-90-107 (1)(a) to (1)(d), (1)(f), and (1)(g).   History. Source: L. 1883: P. 291, § 4. G.S. § 3650. R.S. 08: § 7275. C.L. § 6564. CSA: C. 177, § 10. CRS 53: § 153-1-8. C.R.S. 1963: § 154-1-8. L. 73: P. 1419, § 112. History. Source: L. 1883: P. 291, § 4. G.S. § 3650. R.S. 08: § 7275. C.L. § 6564. CSA: C. 177, § 10. CRS 53: § 153-1-8. C.R.S. 1963: § 154-1-8. L. 73: P. 1419, § 112.    ANNOTATION   Law reviews. For article, “Attorney-Client Privilege -- the Colorado Law”, see 12 Colo. Law. 766 (1983).   Express directions concerning the manner in which the protection of § 13-90-107 shall be waived are contained in this section. Weck v. District Court, 158 Colo. 521 , 408 P.2d 987 (1965).   An effective waiver requires voluntary action based upon knowledge of consequences. Weck v. District Court, 158 Colo. 521 , 408 P.2d 987 (1965).   Stockholders may not waive corporation's privilege. It does not lie within the power of a stockholder, or a minority of stockholders, or a majority of the stockholders to function in such manner as to bring about this statutory waiver. The discretion to waive the protection afforded by the statute can only be exercised by the governing officials of the corporation, namely, the officers or the board of directors Weck v. District Court, 158 Colo. 521 , 408 P.2d 987 (1965).   Subsequent employment with corporation does not waive privilege. A witness does not waive his right to claim a privilege by accepting employment by a corporation several years prior to the commencement of an action in which an attempt is made to compel him to testify notwithstanding the privilege created by § 13-90-107(1)(f) . Weck v. District Court, 158 Colo. 521 , 408 P.2d 987 (1965).
CO Code § 13-90-109 (2021)
2021 Colorado Code|Title 13 - Courts and Court Procedure|Article 90 - Witnesses|Part 1 - General Provisions|§ 13-90-109. Estates of Deceased Persons, Infants, and Persons Who Have Been Declared Mentally Incompetent

 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 estate, in order to entitle the same to be recorded, or to the attestation of the execution of the last wills and testaments or of any other instrument required by law to be attested.   History. Source: L. 1870: P. 65, § 8. G.L. § 2958. G.S. § 3645. R.S. 08: § 7271. C.L. § 6560. CSA: C. 177, § 6. CRS 53: § 153-1-9. C.R.S. 1963: § 154-1-9. L. 75: Entire section amended, p. 925, § 20, effective July 1. L. 2017: Entire section amended,(HB 17-1046), ch. 50, p. 157, § 5, effective March 16. History. Source: L. 1870: P. 65, § 8. G.L. § 2958. G.S. § 3645. R.S. 08: § 7271. C.L. § 6560. CSA: C. 177, § 6. CRS 53: § 153-1-9. C.R.S. 1963: § 154-1-9. L. 75: Entire section amended, p. 925, § 20, effective July 1. L. 2017: Entire section amended,(HB 17-1046), ch. 50, p. 157, § 5, effective March 16.    ANNOTATION   Law reviews. For article, “One Year Review of Contracts”, see 34 Dicta 85 (1957).   Competency of attesting witnesses to a will is based on general competency to be a witness in court. It was argued that by virtue of this section, common-law disability is still in force in Colorado, but the court did not agree with this contention, holding competency of attesting witnesses to wills must be tested by the general law relating to competency of witnesses as provided by the statute, and not by the common law. The test is, whether under the statute, she would have been a competent witness in court, at the time of attesting the will, to testify to the facts of its execution. White v. Bower, 56 Colo. 575 , 136 P. 1053 (1913).
CO Code § 13-90-110 (2021)
2021 Colorado Code|Title 13 - Courts and Court Procedure|Article 90 - Witnesses|Part 1 - General Provisions|§ 13-90-110. Religious Opinions of Witness

 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.   History. Source: L. 1872: P. 95, § 1. G.L. Omitted. G.S. § 3646. R.S. 08: § 7272. C.L. § 6561. CSA: C. 177, § 7. CRS 53: § 153-1-10. C.R.S. 1963: § 154-1-10. History. Source: L. 1872: P. 95, § 1. G.L. Omitted. G.S. § 3646. R.S. 08: § 7272. C.L. § 6561. CSA: C. 177, § 7. CRS 53: § 153-1-10. C.R.S. 1963: § 154-1-10.    ANNOTATION   Law reviews. For article, “Dying Declarations”, see 16 Dicta 379 (1939). For article, “Fearing Hell as Essential to Validity of Affidavit”, see 18 Dicta 144 (1941). For note, “Impeachment of Non-Religious Witnesses”, see 13 Rocky Mt. L. Rev. 336 (1941). For article, “The Right to Practice Law as Dependent on Fear of Hell”, see 19 Dicta 206 (1942).   When evidence of religious beliefs admissible. This section was not violated in felony child abuse case where defendant raised religious healing as an affirmative defense and was cross-examined as to his religious beliefs. The examination was probative of something other than the veracity of such witness and the court properly instructed the jury to consider testimony only for limited purposes. People v. Lybarger, 790 P.2d 855 (Colo. App. 1989), rev'd on other grounds, 807 P.2d 570 (Colo. 1991).   This section and C.R.E. 610 do not apply to statements made by a prosecutor in closing argument. A prosecutor is not a witness, and his or her statements made in closing argument are not evidence. People v. Krutsinger, 121 P.3d 318 (Colo. App. 2005).
CO Code § 13-90-112 (2021)
2021 Colorado Code|Title 13 - Courts and Court Procedure|Article 90 - Witnesses|Part 1 - General Provisions|§ 13-90-112. Power to Enforce Subpoena Duces Tecum

 The provisions of article 90.5 of this title shall also apply to a subpoena duces tecum.   History. 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. History. 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.    ANNOTATION   Section gives Colorado courts control over discovery by foreign litigants. This section and § 13-90-111 , while providing a means for ensuring the testimony of potential Colorado deponents by parties to a suit outside Colorado, also ensure a degree of supervision and control over discovery by the courts in Colorado by requiring a commission or dedimus potestatem from the foreign court which has jurisdiction over the underlying suit. Such a requirement thus serves not only as a check on unfettered and unwarranted discovery in Colorado by foreign litigants, but also protects the interests of the parties to the litigation against whom the discovered material is sought to be used. Falzon v. Home Ins. Co., 661 P.2d 696 (Colo. App. 1982).   Applied in Metro. Life Ins. Co. v. Kaufman, 104 Colo. 13 , 87 P.2d 758 (1939).
CO Code § 13-90-113 (2021)
2021 Colorado Code|Title 13 - Courts and Court Procedure|Article 90 - Witnesses|Part 1 - General Provisions|§ 13-90-113. Interpreters - Compensation

 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.   History. Source: L. 1891: P. 246, § 1. R.S. 08: § 7281. C.L. § 6567. CSA: C. 177, § 13. CRS 53: § 153-1-13. C.R.S. 1963: § 154-1-13. L. 87: Entire section amended, p. 573, § 3, effective April 23. History. Source: L. 1891: P. 246, § 1. R.S. 08: § 7281. C.L. § 6567. CSA: C. 177, § 13. CRS 53: § 153-1-13. C.R.S. 1963: § 154-1-13. L. 87: Entire section amended, p. 573, § 3, effective April 23.
CO Code § 13-90-114 (2021)
2021 Colorado Code|Title 13 - Courts and Court Procedure|Article 90 - Witnesses|Part 1 - General Provisions|§ 13-90-114. Paid by State

 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 controller in payment thereof, in accordance with section 13-3-104 , and the rules and regulations of the state court administrator.   History. Source: L. 1891: P. 246, § 2. R.S. 08: § 7282. C.L. § 6568. CSA: C. 177, § 14. CRS 53: § 153-1-14. C.R.S. 1963: § 154-1-14. L. 73: P. 1419, § 113. L. 87: Entire section amended, p. 573, § 4, effective April 23. History. Source: L. 1891: P. 246, § 2. R.S. 08: § 7282. C.L. § 6568. CSA: C. 177, § 14. CRS 53: § 153-1-14. C.R.S. 1963: § 154-1-14. L. 73: P. 1419, § 113. L. 87: Entire section amended, p. 573, § 4, effective April 23.
CO Code § 13-90-115 (2021)
2021 Colorado Code|Title 13 - Courts and Court Procedure|Article 90 - Witnesses|Part 1 - General Provisions|§ 13-90-115. Service of Subpoena

 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 manner in which and the person upon whom such service has been made.   History. Source: L. 1881: P. 105, § 1. R.S. 08: § 7283. C.L. § 6569. CSA: C. 177, § 15. CRS 53: § 153-1-15. C.R.S. 1963: § 154-1-15. History. Source: L. 1881: P. 105, § 1. R.S. 08: § 7283. C.L. § 6569. CSA: C. 177, § 15. CRS 53: § 153-1-15. C.R.S. 1963: § 154-1-15.    Cross references:   For matters involving service of subpoenas, see C.R.C.P. 45.
CO Code § 13-90-117 (2021)
2021 Colorado Code|Title 13 - Courts and Court Procedure|Article 90 - Witnesses|Part 1 - General Provisions|§ 13-90-117. Affirmation - Form - Perjury

  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:    Assent to this affirmation shall be made by answer: “I do.”    A false affirmation or declaration is perjury in the first degree.     [Form Excluded]   History. Source: L. 1887: P. 191, § 336. Code 08: § 370. Code 21: § 371. Code 35: § 371. CRS 53: § 153-1-17. C.R.S. 1963: § 154-1-17. L. 72: P. 574, § 67. History. Source: L. 1887: P. 191, § 336. Code 08: § 370. Code 21: § 371. Code 35: § 371. CRS 53: § 153-1-17. C.R.S. 1963: § 154-1-17. L. 72: P. 574, § 67.
CO Code § 13-90-117.5 (2021)
2021 Colorado Code|Title 13 - Courts and Court Procedure|Article 90 - Witnesses|Part 1 - General Provisions|§ 13-90-117.5. Oath or Affirmation Taken by a Child

 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.   History. Source: L. 90: Entire section added, p. 985, § 4, effective April 24.
CO Code § 13-90-201 (2021)
2021 Colorado Code|Title 13 - Courts and Court Procedure|Article 90 - Witnesses|Part 2 - Appointment of Interpreters for Persons Who Are Deaf or Hard of Hearing|§ 13-90-201. Legislative Declaration

 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, agency, or licensing or law enforcement authority of the state unless qualified auxiliary services are available to assist them.   History. Source: L. 87: Entire part R&RE, p. 570, § 1, effective April 23. L. 2006: Entire section amended, p. 1086, § 1, effective May 25. L. 2009: Entire section amended,(SB 09-144), ch. 219, p. 992, § 8, effective August 5. L. 2018: Entire section amended,(HB 18-1108), ch. 303, p. 1833, § 2, effective August 8.