reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › CONTRACTS AND AGREEMENTS (§§ 13-22-101 — 13-24-123) › Article 24 - UNIFORM COLLABORATIVE LAW ACT (§§ 13-24-101 — 13-24-123) › Section 13-24-105 - Beginning and concluding collaborative law process

(1)
A collaborative law process begins when the parties sign a collaborative law participation agreement.
(2)
A tribunal may not order a party to participate in a collaborative law process over that party's objection.
(3)
A collaborative law process is concluded by a:
(a)
Resolution of a collaborative matter as evidenced by a signed record;
(b)
Resolution of a part of the collaborative matter, evidenced by a signed record, in which the parties agree that the remaining parts of the matter will not be resolved in the process; or
(c)
Termination of the process.
(4)
A collaborative law process terminates:
(a)
When a party gives notice to other parties in a record that the process is ended;
(b)
When a party:
(I)
Begins a proceeding related to a collaborative matter without the agreement of all parties; or
(II)
In a pending proceeding related to the matter:
(A)
Initiates a pleading, motion, order to show cause, or request for a conference with the tribunal;
(B)
Requests that the proceeding be put on the tribunal's active calendar; or
(C)
Takes similar action requiring notice to be sent to the parties; or
(c)
Except as otherwise provided by subsection (7) of this section, when a party discharges a collaborative lawyer or a collaborative lawyer withdraws from further representation of a party.
(5)
A party's collaborative lawyer shall give prompt notice to all other parties in a record of a discharge or withdrawal.
(6)
A party may terminate a collaborative law process with or without cause.
(7)
Notwithstanding the discharge or withdrawal of a collaborative lawyer, a collaborative law process continues if, not later than thirty days after the date that the notice of the discharge or withdrawal of a collaborative lawyer required by subsection (5) of this section is sent to the parties:
(a)
The unrepresented party engages a successor collaborative lawyer; and
(b)
In a signed record:
(I)
The parties consent to continue the process by reaffirming the collaborative law participation agreement;
(II)
The agreement is amended to identify the successor collaborative lawyer; and
(III)
The successor collaborative lawyer confirms the lawyer's representation of a party in the collaborative process.
(8)
A collaborative law process does not conclude if, with the consent of the parties, a party requests a tribunal to approve a resolution of the collaborative matter or any part thereof as evidenced by a signed record.
(9)
A collaborative law participation agreement may provide additional methods of concluding a collaborative law process.
Added by 2021 Ch. 142,§ 1, eff. 1/1/2022.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › CONTRACTS AND AGREEMENTS (§§ 13-22-101 — 13-24-123) › Article 24 - UNIFORM COLLABORATIVE LAW ACT (§§ 13-24-101 — 13-24-123) › Section 13-24-106 - Proceedings pending before tribunal - status report

(1)
Persons in a proceeding pending before a tribunal may sign a collaborative law participation agreement to seek to resolve a collaborative matter related to the proceeding. The parties shall file promptly with the tribunal a notice of the collaborative law participation agreement after it is signed. Subject to subsection (3) of this section and sections
13-24-107
and
13-24-108
and the parties and the collaborative lawyers inform the court that the parties are engaging in good faith in the collaborative law process, any pending proceeding in the action filed by the parties shall be continued to a date certain.
(2)
The parties shall file promptly with the tribunal notice in a record when a collaborative law process concludes. The stay of the proceeding under subsection (1) of this section is lifted when the notice is filed. The notice may not specify any reason for termination of the process.
(3)
A tribunal in which a proceeding is stayed under subsection (1) of this section may require the parties and collaborative lawyers to provide a status report on the collaborative law process and the proceeding. A status report may include only information on whether the process is ongoing or concluded. It may not include a report, assessment, evaluation, recommendation, finding, or other communication regarding a collaborative law process or collaborative law matter.
(4)
A tribunal may not consider a communication made in violation of subsection (3) of this section.
(5)
A tribunal shall provide parties notice and an opportunity to be heard before dismissing a proceeding in which a notice of collaborative process is filed based on delay or failure to prosecute.
Added by 2021 Ch. 142, §1, eff. 1/1/2022.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › CONTRACTS AND AGREEMENTS (§§ 13-22-101 — 13-24-123) › Article 24 - UNIFORM COLLABORATIVE LAW ACT (§§ 13-24-101 — 13-24-123) › Section 13-24-107 - Emergency order

During a collaborative law process, a tribunal may issue emergency orders to protect the health, safety, welfare, or interest of a party or a minor child of either of the parties.
Added by 2021 Ch. 142,§ 1, eff. 1/1/2022.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › CONTRACTS AND AGREEMENTS (§§ 13-22-101 — 13-24-123) › Article 24 - UNIFORM COLLABORATIVE LAW ACT (§§ 13-24-101 — 13-24-123) › Section 13-24-108 - Approval of agreement by tribunal

A tribunal may approve an agreement resulting from a collaborative law process.
Added by 2021 Ch. 142,§ 1, eff. 1/1/2022.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › CONTRACTS AND AGREEMENTS (§§ 13-22-101 — 13-24-123) › Article 24 - UNIFORM COLLABORATIVE LAW ACT (§§ 13-24-101 — 13-24-123) › Section 13-24-109 - Disqualification of collaborative lawyer and lawyers in associated law firm

(1)
Except as otherwise provided in subsection (3) of this section, a collaborative lawyer is disqualified from appearing before a tribunal to represent a party in a proceeding related to the collaborative matter.
(2)
Except as otherwise provided in subsection (3) of this section and section
13-24-111
, a lawyer in a law firm with which the collaborative lawyer is associated is disqualified from appearing before a tribunal to represent a party in a proceeding related to the collaborative matter if the collaborative lawyer is disqualified from doing so under subsection (1) of this section.
(3)
A collaborative lawyer or a lawyer in a law firm with which the collaborative lawyer is associated may represent a party:
(a)
To ask a tribunal to approve an agreement resulting from the collaborative law process; or
(b)
To seek or defend an emergency order to protect the health, safety, welfare, or interest of a party, or a minor child of either of the parties as defined in section
13-14-101
(2.2) if a successor lawyer is not immediately available to represent that person.
(4)
If subsection (3)(b) of this section applies, a collaborative lawyer, or lawyer in a law firm with which the collaborative lawyer is associated, may represent a party or minor child of either of the parties as defined in section
13-14-101
(2.2) for a limited time only until the person or minor child is represented by a successor lawyer or reasonable measures are taken to protect the health, safety, welfare, or interest of the person.
Added by 2021 Ch. 142, §1, eff. 1/1/2022.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › CONTRACTS AND AGREEMENTS (§§ 13-22-101 — 13-24-123) › Article 24 - UNIFORM COLLABORATIVE LAW ACT (§§ 13-24-101 — 13-24-123) › Section 13-24-111 - Governmental entity as party

(1)
The disqualification of section
13-24-109 (1)
applies to a collaborative lawyer representing a party that is a government or governmental subdivision, agency, or instrumentality.
(2)
After a collaborative law process concludes, another lawyer in a law firm with which the collaborative lawyer is associated may represent a government or governmental subdivision, agency, or instrumentality in the collaborative matter or a matter related to the collaborative matter if:
(a)
The collaborative law participation agreement so provides; and
(b)
The collaborative lawyer is isolated from any participation in the collaborative matter or a matter related to the collaborative matter through procedures within the law firm which are reasonably calculated to isolate the collaborative lawyer from such participation.
Added by 2021 Ch. 142, §1, eff. 1/1/2022.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › CONTRACTS AND AGREEMENTS (§§ 13-22-101 — 13-24-123) › Article 24 - UNIFORM COLLABORATIVE LAW ACT (§§ 13-24-101 — 13-24-123) › Section 13-24-112 - Disclosure of information

Except as provided by law other than this article 24, during the collaborative law process, on the request of one party made to the other party, a party shall make timely, full, candid, and informal disclosure of information related to the collaborative matter without formal discovery. A party also shall update promptly previously disclosed information that has materially changed. The parties may define the scope of disclosure during the collaborative law process; however, at a minimum, the disclosure shall include the documents required to be disclosed pursuant to rule 16.2 (e)(2) of the Colorado rules of civil procedure.
Added by 2021 Ch. 142,§ 1, eff. 1/1/2022.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › CONTRACTS AND AGREEMENTS (§§ 13-22-101 — 13-24-123) › Article 24 - UNIFORM COLLABORATIVE LAW ACT (§§ 13-24-101 — 13-24-123) › Section 13-24-113 - Standards of professional responsibility and mandatory reporting not affected

(1)
This article 24 does not affect:
(a)
The professional responsibility obligations and standards applicable to a lawyer or other licensed professional; or
(b)
The obligation of a person to report abuse or neglect, abandonment, or exploitation of a child or adult under the law of this state.
(2)
Nothing in section
13-24-117
waives the provisions of rule 1.6 (b) of the Colorado rules of professional conduct.
Added by 2021 Ch. 142, §1, eff. 1/1/2022.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › CONTRACTS AND AGREEMENTS (§§ 13-22-101 — 13-24-123) › Article 24 - UNIFORM COLLABORATIVE LAW ACT (§§ 13-24-101 — 13-24-123) › Section 13-24-114 - Appropriateness of collaborative law process - informed consent

(1)
Before a prospective party signs a collaborative law participation agreement, a prospective collaborative lawyer shall:
(a)
Assess with the prospective party factors the lawyer reasonably believes relate to whether a collaborative law process is appropriate for the prospective party's matter;
(b)
Provide the prospective party with information that the lawyer reasonably believes is sufficient for the party to make an informed decision about the material benefits and risks of a collaborative law process as compared to the material benefits and risks of other reasonably available alternatives for resolving the proposed collaborative matter, such as litigation, mediation, arbitration, or expert evaluation, and other alternative dispute resolution options; and
(c)
Advise the prospective party in writing:
(I)
That after signing an agreement if a party initiates a proceeding or seeks tribunal intervention in a pending proceeding related to the collaborative matter, the collaborative law process terminates;
(II)
That participation in a collaborative law process is voluntary and any party has the right to terminate unilaterally a collaborative law process with or without cause;
(III)
That the collaborative lawyer and any lawyer in a law firm with which the collaborative lawyer is associated may not appear before a tribunal to represent a party in a proceeding related to the collaborative matter, except as authorized by section
13-24-109
; and
(IV)
Of the privileged nature of collaborative communications as reflected in this article 24.
Added by 2021 Ch. 142, §1, eff. 1/1/2022.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › CONTRACTS AND AGREEMENTS (§§ 13-22-101 — 13-24-123) › Article 24 - UNIFORM COLLABORATIVE LAW ACT (§§ 13-24-101 — 13-24-123) › Section 13-24-115 - Coercive or violent relationship

(1)
Before a prospective party signs a collaborative law participation agreement, a prospective collaborative lawyer shall make reasonable inquiry into whether the prospective party has a history of a coercive or violent relationship with another prospective party.
(2)
Throughout a collaborative law process, a collaborative lawyer reasonably and continuously shall assess whether the party the collaborative lawyer represents has a history of a coercive or violent relationship with another party.
(3)
If a collaborative lawyer reasonably believes that the party the lawyer represents or the prospective party who consults the lawyer has a history of a coercive or violent relationship with another party or prospective party, the lawyer may not begin or continue a collaborative law process unless:
(a)
The party or the prospective party requests beginning or continuing a process; and
(b)
The collaborative lawyer reasonably believes that the safety of the party or prospective party can be protected adequately during a process.
Added by 2021 Ch. 142,§ 1, eff. 1/1/2022.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › CONTRACTS AND AGREEMENTS (§§ 13-22-101 — 13-24-123) › Article 24 - UNIFORM COLLABORATIVE LAW ACT (§§ 13-24-101 — 13-24-123) › Section 13-24-116 - Confidentiality of collaborative law communication

A collaborative law communication is confidential to the extent agreed by the parties in a signed record or as provided by law of this state and the provisions of this article 24. Nothing herein modifies the confidentiality provisions contained in part 3 of article
22
of this title 13.
Added by 2021 Ch. 142,§ 1, eff. 1/1/2022.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › CONTRACTS AND AGREEMENTS (§§ 13-22-101 — 13-24-123) › Article 24 - UNIFORM COLLABORATIVE LAW ACT (§§ 13-24-101 — 13-24-123) › Section 13-24-117 - Privilege against disclosure for collaborative law communication - admissibility - discovery

(1)
Subject to sections
13-24-118
and
13-24-119
, a collaborative law communication is privileged under subsection (2) of this section, is not subject to discovery, and is not admissible in evidence in any proceeding except as agreed by the parties and nonparty participants, if any, in a signed participation agreement or later agreement signed by both parties and nonparty participants, if any, and except as noted in this article 24.
(2)
In a proceeding, the following privileges apply:
(a)
A party may refuse to disclose, and may prevent any other person from disclosing, a collaborative law communication; and
(b)
A nonparty participant or a collaborative law attorney may refuse to disclose, and may prevent any other person from disclosing, a collaborative law communication except as agreed by both parties and nonparty participants, if any, in writing.
(3)
Evidence or information, including but not limited to disclosures made pursuant to rule 16.2 of the Colorado rules of civil procedure, as amended, that is otherwise admissible to a tribunal or subject to discovery does not become inadmissible or protected from discovery solely because of its disclosure or use in a collaborative law process.
Added by 2021 Ch. 142, §1, eff. 1/1/2022.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › CONTRACTS AND AGREEMENTS (§§ 13-22-101 — 13-24-123) › Article 24 - UNIFORM COLLABORATIVE LAW ACT (§§ 13-24-101 — 13-24-123) › Section 13-24-118 - Waiver and preclusion of privilege

(1)
A privilege under section
13-24-117
may be waived in a record or orally during a proceeding if it is expressly waived by all parties and, in the case of the privilege of a nonparty participant, it is also expressly waived by the nonparty participant.
(2)
A person that makes a disclosure or representation about a collaborative law communication which prejudices another person in a proceeding may not assert a privilege under section
13-24-117
, but this preclusion applies only to the extent necessary for the person prejudiced to respond to the disclosure or representation.
Added by 2021 Ch. 142, §1, eff. 1/1/2022.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › CONTRACTS AND AGREEMENTS (§§ 13-22-101 — 13-24-123) › Article 24 - UNIFORM COLLABORATIVE LAW ACT (§§ 13-24-101 — 13-24-123) › Section 13-24-119 - Limits of privilege

(1)
There is no privilege under section
13-24-117
for a collaborative law communication that is:
(a)
Available to the public under article
72
of title
24
;
(b)
A threat or statement of a plan to inflict bodily injury or commit a crime of violence or a threat to the safety of a child under eighteen years of age;
(c)
Intentionally used to plan a crime, commit or attempt to commit a crime, or conceal an ongoing crime or ongoing criminal activity; or
(d)
In an agreement resulting from the collaborative law process, evidenced by a record signed by all parties to the agreement.
(2)
The privileges under section
13-24-117
for a collaborative law communication do not apply to the extent that a communication is:
(a)
Sought or offered to prove or disprove a claim or complaint of professional misconduct or malpractice arising from or related to a collaborative law process or matter; or
(b)
Sought or offered to prove or disprove abuse, neglect, abandonment, or exploitation of a child or adult.
(3)
If a collaborative law communication is subject to an exception under subsection (1) or (2) of this section, only the part of the communication necessary for the application of the exception may be disclosed or admitted.
(4)
Disclosure or admission of evidence excepted from the privilege under subsection (1) or (2) of this section does not make the evidence or any other collaborative law communication discoverable or admissible for any other purpose.
(5)
The privileges under section
13-24-117
do not apply if the parties agree in advance in a signed record, or if a record of a proceeding reflects agreement by the parties, that all or part of a collaborative law process is not privileged. This subsection (5) does not apply to a collaborative law communication made by a person that did not receive actual notice of the agreement before the communication was made.
Added by 2021 Ch. 142, §1, eff. 1/1/2022.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › CONTRACTS AND AGREEMENTS (§§ 13-22-101 — 13-24-123) › Article 24 - UNIFORM COLLABORATIVE LAW ACT (§§ 13-24-101 — 13-24-123) › Section 13-24-120 - Authority of tribunal in case of noncompliance

(1)
If an agreement fails to meet the requirements of section
13-24-104
or a lawyer fails to comply with section
13-24-114
or
13-24-115
, a tribunal may nonetheless find that the parties intended to enter into a collaborative law participation agreement if they:
(a)
Signed a record indicating an intention to enter into a collaborative law participation agreement; and
(b)
Reasonably believed they were participating in a collaborative law process.
(2)
If a tribunal makes the findings specified in subsection (1) of this section, and the interests of justice require, the tribunal may:
(a)
Enforce an agreement evidenced by a record resulting from the process in which the parties participated;
(b)
Apply the disqualification provisions of sections
13-24-105
,
13-24-106
,
13-24-109
, and
13-24-111
; and
(c)
Apply a privilege under section
13-24-117
.
Added by 2021 Ch. 142, §1, eff. 1/1/2022.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › CONTRACTS AND AGREEMENTS (§§ 13-22-101 — 13-24-123) › Article 24 - UNIFORM COLLABORATIVE LAW ACT (§§ 13-24-101 — 13-24-123) › Section 13-24-121 - Uniformity of application and construction

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.
Added by 2021 Ch. 142,§ 1, eff. 1/1/2022.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › CONTRACTS AND AGREEMENTS (§§ 13-22-101 — 13-24-123) › Article 24 - UNIFORM COLLABORATIVE LAW ACT (§§ 13-24-101 — 13-24-123) › Section 13-24-122 - Relation to electronic signatures in global and national commerce act

This article 24 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 of any of the notices described in section 103(b) of that act,
15 U.S.C. sec. 7003(b)
.
Added by 2021 Ch. 142,§ 1, eff. 1/1/2022.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › CONTRACTS AND AGREEMENTS (§§ 13-22-101 — 13-24-123) › Article 24 - UNIFORM COLLABORATIVE LAW ACT (§§ 13-24-101 — 13-24-123) › Section 13-24-123 - Authority of supreme court

Nothing in this article 24 impinges upon the authority of the Colorado supreme court to regulate the conduct of attorneys in this state.
Added by 2021 Ch. 142,§ 1, eff. 1/1/2022.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › EVIDENCE (§§ 13-25-101 — 13-27-108) › Article 25 - EVIDENCE - GENERAL PROVISIONS (§§ 13-25-101 — 13-25-139) › Section 13-25-101 - Printed statutes - reports of decisions

The printed statute books of the United States and of the several states and territories, printed under the authority of such states and territories, and the books of reports of decisions of the supreme courts of the United States and of the several states and territories, published by authority of such courts, may be read as evidence in all courts of this state of such acts and decisions.
R.S. p. 309, § 1. G.L. § 1078. G.S. § 1308. R.S. 08: § 2489. C.L. § 6535. CSA: C. 63, § 1. CRS 53: § 52-1-1. C.R.S. 1963: § 52-1-1.
For use of statutes and books as evidence, see C.R.C.P. 44(e) and 264.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › EVIDENCE (§§ 13-25-101 — 13-27-108) › Article 25 - EVIDENCE - GENERAL PROVISIONS (§§ 13-25-101 — 13-25-139) › Section 13-25-102 - United States census bureau mortality table as evidence

In all civil actions, special proceedings, or other modes of litigation in courts of justice or before magistrates or other persons having power and authority to receive evidence, when it is necessary to establish the expectancy of continued life of any person from any period of such person's life, whether he or she is living at the time or not, the most recent United States census bureau expectation of life and expected deaths by race, sex, and age table, as published by the United States census bureau from time to time, must be received as evidence, together with other evidence as to health, constitution, habits, and occupation of the person regarding the person's expectancy of continued life.
Amended by 2014 Ch. 46,§ 1, eff. 8/6/2014.
L. 1893: p. 261, § 1. R.S. 08: § 2490. C.L. § 6536. CSA: C. 63, § 2. CRS 53: § 52-1-2. C.R.S. 1963: § 52-1-2. L. 91: Entire section amended, p. 358, § 16, effective April 9. L. 2014: Entire section amended, (SB 14-048), ch. 46, p. 222, § 1, effective August 6.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › EVIDENCE (§§ 13-25-101 — 13-27-108) › Article 25 - EVIDENCE - GENERAL PROVISIONS (§§ 13-25-101 — 13-25-139) › Section 13-25-103 - [Repealed]

Repealed by 2014 Ch. 46,§2, eff. 8/6/2014.
L. 1893: p. 261, § 2. R.S. 08: § 2491. C.L. § 6537. CSA: C. 63, § 3. CRS 53: § 52-1-3. L. 55: p. 371, § 1. L. 60: p. 138, § 1. C.R.S. 1963: § 52-1-3. L. 77: Entire section R&RE, p. 804, § 1, effective July 1. L. 86: Entire section R&RE, p. 691, § 1, effective July 1. L. 93: Entire section amended, p. 250, § 1, effective July 1. L. 2002: Entire section amended, p. 1354, § 1, effective July 1. L. 2014: Entire section repealed, (SB 14-048), ch. 46, p. 222, § 2, effective August 6.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › EVIDENCE (§§ 13-25-101 — 13-27-108) › Article 25 - EVIDENCE - GENERAL PROVISIONS (§§ 13-25-101 — 13-25-139) › Section 13-25-104 - Proof of handwriting

Comparison of a disputed writing, with any writing proved to the satisfaction of the court to be genuine, shall be permitted to be made by witnesses in all trials and proceedings, and the evidence of witnesses respecting the same may be submitted to the court and jury as evidence of the genuineness or otherwise of the writing in dispute.
L. 1893: p. 264, § 1. R.S. 08: § 2492. C.L. § 6538. CSA: C. 63, § 4. CRS 53: § 52-1-4. C.R.S. 1963: § 52-1-4.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › EVIDENCE (§§ 13-25-101 — 13-27-108) › Article 25 - EVIDENCE - GENERAL PROVISIONS (§§ 13-25-101 — 13-25-139) › Section 13-25-105 - Certificate of register - patent

The official certificate of any register or receiver of any land office of the United States to any fact or matter on record in his office shall be received and held competent to prove the fact as certified. The certificate of any such register of the entry or purchase of any tract of land within his district shall be taken to be evidence of title in the party who made such entry or purchase, or his heirs and assigns; but a patent for land shall be considered a better legal and paramount title in the patentee, his heirs, or his assigns than such register's certificate of the entry and purchase of the same land.
R.S. p. 309, § 3. G.L. § 1080. G.S. § 1310. R.S. 08: § 2494. C.L. § 6540. CSA: C. 63, § 6. CRS 53: § 52-1-6. C.R.S. 1963: § 52-1-6.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › EVIDENCE (§§ 13-25-101 — 13-27-108) › Article 25 - EVIDENCE - GENERAL PROVISIONS (§§ 13-25-101 — 13-25-139) › Section 13-25-106 - Judicial notice of laws of other jurisdictions

(1)
Every court of this state shall take judicial notice of the common law and statutes of every state, territory, and other jurisdiction of the United States.
(2)
The court may inform itself of such laws in such manner as it may deem proper, and the court may call upon counsel to aid it in obtaining such information.
(3)
The determination of such laws shall be made by the court and not by the jury and is reviewable.
(4)
Any party may also present to the trial court any admissible evidence of such laws, but, to enable a party to offer evidence of the law in another jurisdiction or to ask that judicial notice be taken thereof, reasonable notice shall be given to the adverse parties either in the pleadings or otherwise.
(5)
The law of a jurisdiction other than those referred to in subsection (1) of this section is an issue for the court but shall not be subject to the foregoing provisions concerning judicial notice.
(6)
This section shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it and may be cited as the "Uniform Judicial Notice of Foreign Law Act".
R.S. p. 310, § 4. G.L. § 1081. G.S. § 1311. R.S. 08: § 2495. C.L. § 6541. CSA: C. 63, § 7. CRS 53: § 52-1-7. L. 67: p. 989, § 1. C.R.S. 1963: § 52-1-7.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › EVIDENCE (§§ 13-25-101 — 13-27-108) › Article 25 - EVIDENCE - GENERAL PROVISIONS (§§ 13-25-101 — 13-25-139) › Section 13-25-107 - Proceedings of cities and towns

Copies of all papers, books, or proceedings or parts thereof appertaining to transactions in their corporate capacity of any town or city incorporated under any general or special law of this state, certified to be true copies by the clerk or keeper of the same, under the seal of such town or city, or under the private seal of said clerk or keeper if there is no public seal, the clerk or keeper also certifying that he is entrusted with the safekeeping of the original, shall be received as prima facie evidence of the facts so certified in any court in this state.
R.S. p. 311, § 7. G.L. § 1084. G.S. § 1314. R.S. 08: § 2496. C.L. § 6542. CSA: C. 63, § 8. CRS 53: § 52-1-8. C.R.S. 1963: § 52-1-8.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › EVIDENCE (§§ 13-25-101 — 13-27-108) › Article 25 - EVIDENCE - GENERAL PROVISIONS (§§ 13-25-101 — 13-25-139) › Section 13-25-108 - Evidence of assessment

In all actions in all courts of record, the original assessment, or a certified copy thereof purporting to be made by the corporate authorities of any municipality in this state, under a statute authorizing the same, which determines the cost and expense due from any piece of real estate, or from the owner thereof, because of the construction of any kind of local improvement in the taxing district wherein such property is located, or in front of, abutting upon, or adjacent to said realty within any such municipality shall be accepted and treated by such tribunals as prima facie evidence of the lawful existence, and due and proper performance of all preliminary steps essential to make such assessment a legal and valid assessment against the realty or owner thereof, or both, against whom it appears to be made.
L. 1891: p. 192, § 1. R.S. 08: § 2497. C.L. § 6543. CSA: C. 63, § 9. CRS 53: § 52-1-9. C.R.S. 1963: § 52-1-9. L. 64: p. 266, § 158.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › EVIDENCE (§§ 13-25-101 — 13-27-108) › Article 25 - EVIDENCE - GENERAL PROVISIONS (§§ 13-25-101 — 13-25-139) › Section 13-25-109 - Recording of patents to land

Any person to whom any patent to any land, whether agricultural or mineral, situate in this state, has been issued from the government of the United States may have same recorded in the office of the recorder of deeds of the county wherein such lands are situate upon presentation of the same at the proper office.
L. 1872: p. 162, § 1. G.L. § 2145. G.S. § 1317. R.S. 08: § 2498. C.L. § 6544. CSA: C. 63, § 10. CRS 53: § 52-1-10. C.R.S. 1963: § 52-1-10.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › EVIDENCE (§§ 13-25-101 — 13-27-108) › Article 25 - EVIDENCE - GENERAL PROVISIONS (§§ 13-25-101 — 13-25-139) › Section 13-25-110 - Patent - copy of record

Any patent may be read in evidence in the first instance without further proof of its execution. Copy of the record of such patent is entitled to be read in evidence under such regulations as are provided for the admission of a copy of the record of deeds.
L. 1872: p. 162, § 2. G.L. § 2146. G.S. § 1318. R.S. 08: § 2499. C.L. § 6545. CSA: C. 63, § 11. CRS 53: § 52-1-11. C.R.S. 1963: § 52-1-11.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › EVIDENCE (§§ 13-25-101 — 13-27-108) › Article 25 - EVIDENCE - GENERAL PROVISIONS (§§ 13-25-101 — 13-25-139) › Section 13-25-111 - Patents already recorded

The provisions of sections
13-25-109
and
13-25-110
apply to patents already recorded.
L. 1872: p. 162, § 3. G.L. § 2147. G.S. § 1319. R.S. 08: § 2500. C.L. § 6546. CSA: C. 63, § 12. CRS 53: § 52-1-12. C.R.S. 1963: § 52-1-12.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › EVIDENCE (§§ 13-25-101 — 13-27-108) › Article 25 - EVIDENCE - GENERAL PROVISIONS (§§ 13-25-101 — 13-25-139) › Section 13-25-112 - Fees of recorder

The fees of the recorder of deeds for the record of such patents are the same as fixed for the record of deeds.
L. 1872: p. 163, § 4. G.L. § 2148. G.S. § 1320. R.S. 08: § 2501. C.L. § 6547. CSA: C. 63, § 13. CRS 53: § 52-1-13. C.R.S. 1963: § 52-1-13. L. 73: p. 631, § 1.
For fees of county clerks, see § 30-1-103.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › EVIDENCE (§§ 13-25-101 — 13-27-108) › Article 25 - EVIDENCE - GENERAL PROVISIONS (§§ 13-25-101 — 13-25-139) › Section 13-25-113 - Lost deed - bond - note - affidavit

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 adverse party, and to have been lost or destroyed, the party so relying on the same as evidence in his behalf in the trial of the cause shall not be permitted to give evidence of the contents thereof by a competent witness until said party or his agent or attorney first makes an oath to the loss or destruction thereof, and to the substance of the same.
L. 1870: p. 73, § 1. G.L. § 1085. G.S. § 1321. R.S. 08: § 2502. C.L. § 6548. CSA: C. 63, § 14. CRS 53: § 52-1-14. C.R.S. 1963: § 52-1-14.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › EVIDENCE (§§ 13-25-101 — 13-27-108) › Article 25 - EVIDENCE - GENERAL PROVISIONS (§§ 13-25-101 — 13-25-139) › Section 13-25-114 - Certificate of publisher

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 dates of the first and last paper containing the same, shall be sufficient evidence of the publication therein set forth. Such notices and certificates of the publication thereof, when so certified, shall be a part of the records of the court.
R.S. p. 45, §§ 1, 2. G.L. §§ 6, 7. G.S. §§ 1315, 1316. R.S. 08: §§ 2503, 2504. C.L. §§ 6549, 6550. CSA: C. 63, §§ 15, 16. CRS 53: § 52-1-15. C.R.S. 1963: § 52-1-15.
For legal notices and advertisements, see article 70 of title 24 and C.R.C.P. 4(g) and (h).
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › EVIDENCE (§§ 13-25-101 — 13-27-108) › Article 25 - EVIDENCE - GENERAL PROVISIONS (§§ 13-25-101 — 13-25-139) › Section 13-25-115 - Certificate of head officer

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 admissible pursuant to the Colorado rules of evidence, such subpoena may be complied with by the submission of the documents under the official certificate of the head officer, or acting head officer, or official custodian acting under the authority of the head officer of any executive department of the government of the state of Colorado, as provided for in this section, without an appearance by the personnel of such agency. Nothing in this section shall be construed to restrict the right of any party to any legal proceeding to subpoena a state employee to testify to matters going beyond the foundation or authenticity of the records of the executive department.
L. 11: p. 231, § 1. C.L. § 6551. CSA: C. 63, § 17. CRS 53: § 52-1-16. C.R.S. 1963: § 52-1-16. L. 91: Entire section amended, p. 374, § 1, effective April 19.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › EVIDENCE (§§ 13-25-101 — 13-27-108) › Article 25 - EVIDENCE - GENERAL PROVISIONS (§§ 13-25-101 — 13-25-139) › Section 13-25-116 - Water officials' records

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, streamflow tables, rating curves, automatic water register sheets, and special reports of the state engineer and his deputies, hydrographers, and employees, and of the division engineers of the several divisions, and all records of canal headgate keepers, reservoir outlet keepers, gauge readers, and other systematically compiled records or reports of diversions, storage, and discharge of waters or of the flows of streams on file in or constituting a part of the records and files of the state engineer of the state of Colorado, and all copies duly certified as correct by the state engineer or his deputy shall be admitted as evidence of the facts contained therein.
L. 21: p. 309, § 1. C.L. § 6552. CSA: C. 63, § 18. CRS 53: § 52-1-17. C.R.S. 1963: § 52-1-17.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › EVIDENCE (§§ 13-25-101 — 13-27-108) › Article 25 - EVIDENCE - GENERAL PROVISIONS (§§ 13-25-101 — 13-25-139) › Section 13-25-117 - Parties plaintiff

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 or to prove the first names or surnames of such partners or of joint payees or obligees, but the names of the partners or joint payees or obligees shall be presumed to be truly set forth in the declaration, petition, or bill. Nothing in this section shall prevent the defendant from pleading in abatement or proving on the trial that more persons should have been made plaintiffs, or that more persons have been made plaintiffs than have the legal right to sue, in which event the defendant's right shall be as at common law.
R.S. p. 310, § 5. G.L. § 1082. G.S. § 1312. R.S. 08: § 2505. C.L. § 6553. CSA: C. 63, § 19. CRS 53: § 52-1-18. C.R.S. 1963: § 52-1-18. L. 73: p. 612, § 1.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › EVIDENCE (§§ 13-25-101 — 13-27-108) › Article 25 - EVIDENCE - GENERAL PROVISIONS (§§ 13-25-101 — 13-25-139) › Section 13-25-118 - Joint defendants

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 first instance be required to entitle the plaintiff to judgment, unless such proof is rendered necessary by the filing of pleas denying the execution of such writing, verified by affidavit as required by law.
R.S. p. 310, § 6. G.L. § 1083. G.S. § 1313. R.S. 08: § 2506. C.L. § 6554. CSA: C. 63, § 20. CRS 53: § 52-1-19. C.R.S. 1963: § 52-1-19. L. 73: p. 612, § 2.
For joint and several obligations, see article 50 of this title; for pleading special matters, see C.R.C.P. 9.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › EVIDENCE (§§ 13-25-101 — 13-27-108) › Article 25 - EVIDENCE - GENERAL PROVISIONS (§§ 13-25-101 — 13-25-139) › Section 13-25-119 - Dying declarations

(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 survived and been sworn as a witness in the proceedings, under the following restrictions. To render the declarations of the deceased competent evidence, it must be satisfactorily proved:
(a)
That at the time of the making of such declaration he was conscious of approaching death and believed there was no hope of recovery;
(b)
That such declaration was voluntarily made, and not through the persuasion of any person;
(c)
That such declaration was not made in answer to interrogatories calculated to lead the deceased to make any particular statement;
(d)
That he was of sound mind at the time of making the declaration.
L. 37: p. 557, § 1. CSA: C. 63, § 21. CRS 53: § 52-1-20. C.R.S. 1963: § 52-1-20.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › EVIDENCE (§§ 13-25-101 — 13-27-108) › Article 25 - EVIDENCE - GENERAL PROVISIONS (§§ 13-25-101 — 13-25-139) › Section 13-25-120 - Corporate resolutions and minutes

(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 the same purports to be certified by an officer of such corporation and purports to have the seal of such corporation affixed to such certification, shall be admissible in evidence as prima facie evidence of the adoption of such resolution or as prima facie evidence of the truth of the statements or recitals contained in such minutes or portion of such minutes insofar as the same may affect the title to real estate, and it shall not be necessary to prove any facts as the foundation for the admission of the same in evidence. If any such certified copy has been filed for record in the office of the county clerk and recorder of the county where the real estate affected thereby is situate, the record thereof in the office of said clerk and recorder, or a certified copy of such record certified by the county clerk and recorder, shall be admissible in evidence in the same manner as the certified copy itself.
(2)
The word "corporation" as used in this section shall include both foreign and domestic corporations. The words "board of directors" as used in this section shall include both a board of directors and any other board or body of a corporation which has powers and duties similar to those exercised by a board of directors. The word "stockholders" as used in this section shall include both stockholders and members of corporations.
(3)
The provisions of this section apply to certified copies of resolutions adopted prior to April 16, 1941, as well as those adopted after such date, and to certified copies of minutes of meetings or portions of minutes of meetings held prior to April 16, 1941, as well as those held after such date, and to certified copies which were certified prior to April 16, 1941, as well as those which were certified after such date.
L. 41: p. 354, § 1. CSA: C. 63, § 22. CRS 53: § 52-1-21. C.R.S. 1963: § 52-1-21.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › EVIDENCE (§§ 13-25-101 — 13-27-108) › Article 25 - EVIDENCE - GENERAL PROVISIONS (§§ 13-25-101 — 13-25-139) › Section 13-25-121 - Reports of death

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 amended, or a duly certified copy of such finding may be received in any court, office, or other place in this state as evidence of the death of the person therein found to be dead in place of and with like effect as a state certificate of death. A written finding by such federal officer or employee of presumed death because missing in action or a duly certified copy of such finding after one year from the cessation of war in that theater of war where missing may be received in any court, office, or other place in this state as evidence of the death of the person therein found presumed dead and the date, circumstances, and place of disappearance.
L. 45: p. 326, § 1. CSA: C. 63, § 23. CRS 53: § 52-1-22. C.R.S. 1963: § 52-1-22.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › EVIDENCE (§§ 13-25-101 — 13-27-108) › Article 25 - EVIDENCE - GENERAL PROVISIONS (§§ 13-25-101 — 13-25-139) › Section 13-25-122 - Person missing, interned, or captured

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 authorized by the act referred to in section
13-25-121
, or by any other law of the United States to make the same, may be received in any court, office, or other place in this state as evidence that such person was, on the date of the certificate, missing, missing in action, interned in a neutral country, or beleaguered, besieged, or captured by an enemy, or was dead, or was alive, as the case may be.
L. 45: p. 326, § 2. CSA: C. 63, § 23. CRS 53: § 52-1-23. C.R.S. 1963: § 52-1-23.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › EVIDENCE (§§ 13-25-101 — 13-27-108) › Article 25 - EVIDENCE - GENERAL PROVISIONS (§§ 13-25-101 — 13-25-139) › Section 13-25-123 - Report deemed pursuant to law

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 been signed and issued by such officer or employee pursuant to law, and the person signing same shall prima facie be deemed to have acted within the scope of his authority. If a copy purports to have been certified by a person authorized by law to certify the same, that certified copy shall be prima facie evidence of his authority to so certify.
L. 45: p. 327, § 3. CSA: C. 63, § 23. CRS 53: § 52-1-24. C.R.S. 1963: § 52-1-24.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › EVIDENCE (§§ 13-25-101 — 13-27-108) › Article 25 - EVIDENCE - GENERAL PROVISIONS (§§ 13-25-101 — 13-25-139) › Section 13-25-124 - Libel and slander - how pleaded

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 the same was published or spoken concerning the plaintiff; and, if such allegation is controverted, the plaintiff shall establish on the trial that it was so published or spoken.
L. 1887: p. 114, § 68. Code 08: § 74. Code 21: § 74. Code 35: § 74. CRS 53: § 52-1-25. C.R.S. 1963: § 52-1-25.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › EVIDENCE (§§ 13-25-101 — 13-27-108) › Article 25 - EVIDENCE - GENERAL PROVISIONS (§§ 13-25-101 — 13-25-139) › Section 13-25-125 - Justification - pleaded and proved

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 circumstances.
L. 1887: p. 114, § 69. Code 08: § 75. Code 21: § 75. Code 35: § 75. CRS 53: § 52-1-26. C.R.S. 1963: § 52-1-26.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › EVIDENCE (§§ 13-25-101 — 13-27-108) › Article 25 - EVIDENCE - GENERAL PROVISIONS (§§ 13-25-101 — 13-25-139) › Section 13-25-125.5 - Libel and slander - self-publication

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 orally or in writing, of the defamatory statement to a third person by the person making such allegation shall not give rise to a claim for libel or slander against the person who originally communicated the defamatory statement.
L. 89: Entire section added, p. 759, § 1, effective April 8.