reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › LIMITATION OF ACTIONS (§§ 13-80-101 — 13-82-107) › Article 81 - LIMITATIONS - PERSONS UNDER DISABILITY (§§ 13-81-101 — 13-81-107) › Section 13-81-105 - Failure of trustee to take action

When a legal representative, or trustee, or other representative appointed under any agreement, trust indenture, will, or other instrument in writing has been duly appointed for any person under disability and such legal representative, or trustee, or other representative does not promptly, after demand therefor by the person under disability or anyone for him, take action, then such person under disability by next friend may take action before the expiration of the periods fixed in this article for the taking of such action by any person under disability, or his legal representative, or trustee, or other representative, but not thereafter.
L. 39: p. 451, § 5. CSA: C. 102, § 32. CRS 53: § 87-3-5. C.R.S. 1963: § 87-2-5.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › LIMITATION OF ACTIONS (§§ 13-80-101 — 13-82-107) › Article 81 - LIMITATIONS - PERSONS UNDER DISABILITY (§§ 13-81-101 — 13-81-107) › Section 13-81-106 - Removal of disability - effect

If before the expiration of the period fixed by the applicable statute of limitations the disability of any person under disability is removed, the fact of such removal shall not in any way affect or stop the running of the applicable statute of limitations, except as provided in section
13-81-103(1)(c)
.
L. 39: p. 451, § 6. CSA: C. 102, § 33. CRS 53: § 87-3-6. C.R.S. 1963: § 87-2-6.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › LIMITATION OF ACTIONS (§§ 13-80-101 — 13-82-107) › Article 81 - LIMITATIONS - PERSONS UNDER DISABILITY (§§ 13-81-101 — 13-81-107) › Section 13-81-107 - Action prosecuted to final decision

If any action or proceeding is begun within the period fixed by the applicable statute of limitations or the periods provided for in this article, then such action or proceeding may be prosecuted to final decision notwithstanding the fact that the period of limitation shall expire after the commencement and during the prosecution of such action or proceeding.
L. 39: p. 451, § 7. CSA: C. 102, § 34. CRS 53: § 87-3-7. C.R.S. 1963: § 87-2-7.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › LIMITATION OF ACTIONS (§§ 13-80-101 — 13-82-107) › Article 82 - UNIFORM CONFLICT OF LAWS - LIMITATION PERIODS (§§ 13-82-101 — 13-82-107) › Section 13-82-101 - Short title

This article shall be known and may be cited as the "Uniform Conflict of Laws - Limitations Act".
L. 84: Entire article added, p. 477, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › LIMITATION OF ACTIONS (§§ 13-80-101 — 13-82-107) › Article 82 - UNIFORM CONFLICT OF LAWS - LIMITATION PERIODS (§§ 13-82-101 — 13-82-107) › Section 13-82-102 - Uniformity of application and construction

This article shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this article among states enacting it.
L. 84: Entire article added, p. 477, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › LIMITATION OF ACTIONS (§§ 13-80-101 — 13-82-107) › Article 82 - UNIFORM CONFLICT OF LAWS - LIMITATION PERIODS (§§ 13-82-101 — 13-82-107) › Section 13-82-103 - Definitions

As used in this article, unless the context otherwise requires:
(1)
"Claim" means a right of action that may be asserted in a civil action or proceeding and includes a right of action created by statute.
(2)
"State" means a state, commonwealth, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, a foreign country, or a political subdivision of any of them.
L. 84: Entire article added, p. 477, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › LIMITATION OF ACTIONS (§§ 13-80-101 — 13-82-107) › Article 82 - UNIFORM CONFLICT OF LAWS - LIMITATION PERIODS (§§ 13-82-101 — 13-82-107) › Section 13-82-104 - Conflict of laws - limitation periods

(1)
Except as provided in section
13-82-106
, if a claim is substantively based:
(a)
Upon the law of one other state, the limitation period of that state applies; or
(b)
Upon the law of more than one state, the limitation period of one of those states chosen by the law of conflict of laws of this state applies.
(2)
The limitation period of this state applies to all other claims.
L. 84: Entire article added, p. 477, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › LIMITATION OF ACTIONS (§§ 13-80-101 — 13-82-107) › Article 82 - UNIFORM CONFLICT OF LAWS - LIMITATION PERIODS (§§ 13-82-101 — 13-82-107) › Section 13-82-105 - Rules applicable to computation of limitation period

If the statute of limitations of another state applies to the assertion of a claim in this state, the other state's relevant statutes and other rules of law governing tolling and accrual apply in computing the limitation period, but its statutes and other rules of law governing conflict of laws do not apply.
L. 84: Entire article added, p. 478, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › LIMITATION OF ACTIONS (§§ 13-80-101 — 13-82-107) › Article 82 - UNIFORM CONFLICT OF LAWS - LIMITATION PERIODS (§§ 13-82-101 — 13-82-107) › Section 13-82-106 - Unfairness

If the court determines that the limitation period of another state applicable under sections
13-82-104
and
13-82-105
is substantially different from the limitation period of this state and has not afforded a fair opportunity to sue upon or imposes an unfair burden in defending against the claim, the limitation period of this state applies.
L. 84: Entire article added, p. 478, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › LIMITATION OF ACTIONS (§§ 13-80-101 — 13-82-107) › Article 82 - UNIFORM CONFLICT OF LAWS - LIMITATION PERIODS (§§ 13-82-101 — 13-82-107) › Section 13-82-107 - Existing and future claims

(1)
This article applies to claims:
(a)
Accruing after July 1, 1984; or
(b)
Asserted in a civil action or proceeding more than one year after July 1, 1984, but it does not revive a claim barred before July 1, 1984.
L. 84: Entire article added, p. 478, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › PRIORITY OF ACTIONS (§§ 13-85-101 — 13-85-104) › Article 85 - PRIORITY OF CERTAIN CIVIL ACTIONS (§§ 13-85-101 — 13-85-104) › Section 13-85-101 - Legislative declaration

The general assembly hereby determines, finds, and declares that traffic congestion and other transportation difficulties in the Denver metropolitan area seriously threaten the public health and welfare. In an effort to reduce air pollution and stimulate the economic development of the Denver metropolitan area, the general assembly has directed the regional transportation district to proceed with the planning, construction, and operation of a fixed guideway mass transit system. Since the success of the mass transit system depends on its prompt construction and commencement of operation, the general assembly finds that it is necessary to avoid any possible delays in such construction and operation. To that end, the general assembly further finds that the trial of lawsuits arising out of the planning, development, financing, or construction of these projects should be given priority in the district and appellate courts of this state.
L. 88: Entire article added, p. 628, § 1, effective July 1. L. 93: Entire section amended, p. 1775, § 34, effective June 6.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › PRIORITY OF ACTIONS (§§ 13-85-101 — 13-85-104) › Article 85 - PRIORITY OF CERTAIN CIVIL ACTIONS (§§ 13-85-101 — 13-85-104) › Section 13-85-102 - Definitions

As used in this article, unless the context otherwise requires:
(1)
"Fixed guideway mass transit system" means the fixed guideway mass transit system authorized by section
32-9-107.5
, C.R.S.
(2)
Repealed.
(3)
"Regional transportation district" means the regional transportation district established by article
9
of title
32
, C.R.S.
(4)
Repealed.
L. 88: Entire article added, p. 628, § 1, effective July 1. L. 94: (2) and (4) repealed, p. 1325, § 5, effective May 25.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › PRIORITY OF ACTIONS (§§ 13-85-101 — 13-85-104) › Article 85 - PRIORITY OF CERTAIN CIVIL ACTIONS (§§ 13-85-101 — 13-85-104) › Section 13-85-103 - Civil actions entitled to priority

The trial of all civil actions pertaining to or arising out of the planning, development, financing, or construction of the mass transportation system in the Denver metropolitan area, or any election pertaining to said project, or any action against or pertaining to the authority of the regional transportation district to plan, develop, finance, or construct said system shall be entitled to priority in the county and district courts of this state.
L. 88: Entire article added, p. 629, § 1, effective July 1. L. 93: Entire section amended, p. 1776, § 35, effective June 6. L. 94: Entire section amended, p. 1325, § 6, effective May 25.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › PRIORITY OF ACTIONS (§§ 13-85-101 — 13-85-104) › Article 85 - PRIORITY OF CERTAIN CIVIL ACTIONS (§§ 13-85-101 — 13-85-104) › Section 13-85-104 - Appellate review of certain actions entitled to priority

Appellate review in the district court, court of appeals, and supreme court of those actions entitled to priority pursuant to section
13-85-103
shall be entitled to priority in said courts.
L. 88: Entire article added, p. 629, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › WITNESSES (§§ 13-90-101 — 13-90.5-107) › Article 90 - WITNESSES (§§ 13-90-101 — 13-90-210) › Part 1 - GENERAL PROVISIONS (§§ 13-90-101 — 13-90-119) › Section 13-90-101 - Who may testify - interest

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 persons on account of their opinions on matters of religious belief. In every case the credibility of the witness may be drawn in question, as now provided by law, but the conviction of any person for any felony may be shown for the purpose of affecting the credibility of such witness. The fact of such conviction may be proved like any other fact, not of record, either by the witness himself, who shall be compelled to testify thereto, or by any other person cognizant of such conviction as impeaching testimony or by any other competent testimony. Evidence of a previous conviction of a felony where the witness testifying was convicted five years prior to the time when the witness testifies shall not be admissible in evidence in any civil action.
L. 1883: p. 289, § 1. G.S. § 3647. R.S. 08: § 7266. C.L. § 6555. CSA: C. 177, § 1. L. 41: p. 924, § 1. CRS 53: § 153-1-1. C.R.S. 1963: § 154-1-1.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › WITNESSES (§§ 13-90-101 — 13-90.5-107) › Article 90 - WITNESSES (§§ 13-90-101 — 13-90-210) › Part 1 - GENERAL PROVISIONS (§§ 13-90-101 — 13-90-119) › Section 13-90-103 - [Repealed]

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.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › WITNESSES (§§ 13-90-101 — 13-90.5-107) › Article 90 - WITNESSES (§§ 13-90-101 — 13-90-210) › Part 1 - GENERAL PROVISIONS (§§ 13-90-101 — 13-90-119) › Section 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.
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.
For the nature of the joint liability of the partnership, see §§ 7-60-111 and 7-60-115.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › WITNESSES (§§ 13-90-101 — 13-90.5-107) › Article 90 - WITNESSES (§§ 13-90-101 — 13-90-210) › Part 1 - GENERAL PROVISIONS (§§ 13-90-101 — 13-90-119) › Section 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.
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.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › WITNESSES (§§ 13-90-101 — 13-90.5-107) › Article 90 - WITNESSES (§§ 13-90-101 — 13-90-210) › Part 1 - GENERAL PROVISIONS (§§ 13-90-101 — 13-90-119) › Section 13-90-106 - Who may not testify

(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 relating them truly.
(II)
This proscription does not apply to a child under ten years of age, in any civil or criminal proceeding for child abuse, sexual abuse, a sexual offense pursuant to part 4 of article
3
of title
18
, C.R.S., or incest, when the child is able to describe or relate in language appropriate for a child of that age the events or facts respecting which the child is examined.
L. 1883: p. 290, § 2. G.S. § 3648. R.S. 08: § 7273. C.L. § 6562. CSA: C. 177, § 8. CRS 53: § 153-1-6. C.R.S. 1963: § 154-1-6. L. 83: (1)(b) amended, p. 635, § 1, effective April 22. L. 89: (1)(b)(II) amended, p. 862, § 1, effective April 12. L. 2003: (1)(b)(II) amended, p. 1433, § 24, effective April 29.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › WITNESSES (§§ 13-90-101 — 13-90.5-107) › Article 90 - WITNESSES (§§ 13-90-101 — 13-90-210) › Part 1 - GENERAL PROVISIONS (§§ 13-90-101 — 13-90-119) › Section 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)
.
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.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › WITNESSES (§§ 13-90-101 — 13-90.5-107) › Article 90 - WITNESSES (§§ 13-90-101 — 13-90-210) › Part 1 - GENERAL PROVISIONS (§§ 13-90-101 — 13-90-119) › Section 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.
Amended by 2017 Ch. 50,§ 5, eff. 3/16/2017.
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.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › WITNESSES (§§ 13-90-101 — 13-90.5-107) › Article 90 - WITNESSES (§§ 13-90-101 — 13-90-210) › Part 1 - GENERAL PROVISIONS (§§ 13-90-101 — 13-90-119) › Section 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.
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.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › WITNESSES (§§ 13-90-101 — 13-90.5-107) › Article 90 - WITNESSES (§§ 13-90-101 — 13-90-210) › Part 1 - GENERAL PROVISIONS (§§ 13-90-101 — 13-90-119) › Section 13-90-111 - [Repealed]

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.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › WITNESSES (§§ 13-90-101 — 13-90.5-107) › Article 90 - WITNESSES (§§ 13-90-101 — 13-90-210) › Part 1 - GENERAL PROVISIONS (§§ 13-90-101 — 13-90-119) › Section 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.
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.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › WITNESSES (§§ 13-90-101 — 13-90.5-107) › Article 90 - WITNESSES (§§ 13-90-101 — 13-90-210) › Part 1 - GENERAL PROVISIONS (§§ 13-90-101 — 13-90-119) › Section 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.
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.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › WITNESSES (§§ 13-90-101 — 13-90.5-107) › Article 90 - WITNESSES (§§ 13-90-101 — 13-90-210) › Part 1 - GENERAL PROVISIONS (§§ 13-90-101 — 13-90-119) › Section 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.
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.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › WITNESSES (§§ 13-90-101 — 13-90.5-107) › Article 90 - WITNESSES (§§ 13-90-101 — 13-90-210) › Part 1 - GENERAL PROVISIONS (§§ 13-90-101 — 13-90-119) › Section 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.
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.
For matters involving service of subpoenas, see C.R.C.P. 45.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › WITNESSES (§§ 13-90-101 — 13-90.5-107) › Article 90 - WITNESSES (§§ 13-90-101 — 13-90-210) › Part 1 - GENERAL PROVISIONS (§§ 13-90-101 — 13-90-119) › Section 13-90-116 - Examination of party to record by adverse party

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 proceeding may be examined upon the trial thereof, or upon deposition, or both, as if under cross-examination at the instance of the adverse party and for that purpose may be compelled in the same manner and subject to the same rules for examination as any other witness to testify, but the party calling for such examination shall not be concluded thereby but may rebut it by counter testimony.
L. 1899: p. 178, § 1. R.S. 08: § 7284. C.L. § 6570. L. 33: p. 899, § 1. CSA: C. 177, § 16. CRS 53: § 153-1-16. C.R.S. 1963: § 154-1-16.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › WITNESSES (§§ 13-90-101 — 13-90.5-107) › Article 90 - WITNESSES (§§ 13-90-101 — 13-90-210) › Part 1 - GENERAL PROVISIONS (§§ 13-90-101 — 13-90-119) › Section 13-90-117 - Affirmation - form - perjury

(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 ........ shall be the truth, the whole truth, and nothing but the truth."
(2)
Assent to this affirmation shall be made by answer: "I do."
(3)
A false affirmation or declaration is perjury in the first degree.
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.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › WITNESSES (§§ 13-90-101 — 13-90.5-107) › Article 90 - WITNESSES (§§ 13-90-101 — 13-90-210) › Part 1 - GENERAL PROVISIONS (§§ 13-90-101 — 13-90-119) › Section 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.
L. 90: Entire section added, p. 985, § 4, effective April 24.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › WITNESSES (§§ 13-90-101 — 13-90.5-107) › Article 90 - WITNESSES (§§ 13-90-101 — 13-90-210) › Part 1 - GENERAL PROVISIONS (§§ 13-90-101 — 13-90-119) › Section 13-90-118 - Witness immunity

(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 the proceeding communicates to the witness an order as specified in subsection (2) of this section, the witness may not refuse to comply with the order on the basis of the privilege against self-incrimination; except that no testimony or other information compelled under the order, or any information directly or indirectly derived from such testimony or other information, may be used against the witness in any criminal case, except a prosecution for perjury or false statement or otherwise failing to comply with the order.
(2)
In the case of any individual who has been or may be called to testify or provide other information at any proceeding before or ancillary to a court or grand jury of the state of Colorado, the district court for the judicial district in which the proceeding is or may be held, or the county court in which a misdemeanor proceeding is or may be held, may issue, upon request of any district attorney, attorney general, or special prosecutor of the state of Colorado, an order requiring such individual to give testimony or provide other information which he or she refuses to give or provide on the basis of the privilege against self-incrimination, such order to become effective as provided in subsection (1) of this section.
(3)
A district attorney, attorney general, or special prosecutor of the state of Colorado may request an order as specified in subsection (2) of this section when in his or her judgment the testimony or other information from such individual may be necessary to the public interest and such individual has refused or is likely to refuse to testify or provide other information on the basis of the privilege against self-incrimination.
L. 69: p. 1245, § 1. C.R.S. 1963: § 154-1-18. L. 72: p. 574, § 68. L. 83: Entire section R&RE, p. 638, § 1, effective July 1. L. 2004: Entire section amended, p. 1378, § 4, effective July 1.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › WITNESSES (§§ 13-90-101 — 13-90.5-107) › Article 90 - WITNESSES (§§ 13-90-101 — 13-90-210) › Part 2 - APPOINTMENT OF INTERPRETERS FOR PERSONS WHO ARE DEAF OR HARD OF HEARING (§§ 13-90-201 — 13-90-210) › Section 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.
Amended by 2018 Ch. 303,§ 2, eff. 8/8/2018.
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.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › WITNESSES (§§ 13-90-101 — 13-90.5-107) › Article 90 - WITNESSES (§§ 13-90-101 — 13-90-210) › Part 2 - APPOINTMENT OF INTERPRETERS FOR PERSONS WHO ARE DEAF OR HARD OF HEARING (§§ 13-90-201 — 13-90-210) › Section 13-90-202 - Definitions

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 amplification system that operates in conjunction with a hearing aid to increase the volume of sounds for the hearing aid only.
(3)
"Auxiliary services" means those aids and services that assist in effective communication with a person who is deaf, hard of hearing, or deafblind, including:
(a)
The services of a qualified interpreter;
(b)
The provision of a qualified communication access realtime translation (CART) reporter;
(c)
The provision of an assistive listening device; or
(d)
The acquisition or modification of equipment or devices to assist in effective communication with a person who is deaf, hard of hearing, or deafblind.
(4)
"Commission" means the Colorado commission for the deaf, hard of hearing, and deafblind in the department of human services created in section
26-21-104
.
(5)
"Communication access realtime translation (CART) reporter" means a word-for-word speech-to-text translation service for the deaf, hard of hearing, or deafblind.
(6)
"Deaf, hard of hearing, or deafblind" means a person who has a functional hearing loss of sufficient severity to prevent aural comprehension, even with the assistance of hearing aids.
(7)
"Effective communication" means those methods of communication that are individualized and culturally appropriate to a person who is deaf, hard of hearing, or deafblind so that he or she can easily access all auditory information.
(8)
"Qualified interpreter" means a person who has a valid certification of competency accepted by the commission and includes, but is not limited to, oral interpreters, sign language interpreters, and intermediary interpreters.
(9)
"State court system" means the system of courts, or any part thereof, established pursuant to articles
1
to
9
of this title 13 and article VI of the state constitution. "State court system" does not include the municipal courts or any part thereof.
Amended by 2018 Ch. 303, §3, eff. 8/8/2018.
L. 87: Entire part R&RE, p. 570, § 1, effective April 23. L. 94: (4) amended, p. 2642, § 93, effective July 1. L. 2006: Entire section amended, p. 1086, § 2, effective May 25. L. 2009: (1) amended and (9) added, (SB 09 -144), ch. 219, p. 992, §9, effective August 5. L. 2018: (3) to (7), and (9) amended, (HB 18-1108), ch. 303, p. 1833, § 3, effective August 8.
For the legislative declaration contained in the 1994 act amending subsection (4), see section 1 of chapter 345, Session Laws of Colorado 1994.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › WITNESSES (§§ 13-90-101 — 13-90.5-107) › Article 90 - WITNESSES (§§ 13-90-101 — 13-90-210) › Part 2 - APPOINTMENT OF INTERPRETERS FOR PERSONS WHO ARE DEAF OR HARD OF HEARING (§§ 13-90-201 — 13-90-210) › Section 13-90-203 - Powers and duties of the department of human services

The department of human services shall promulgate rules pursuant to article
4
of title
24
, C.R.S., which have been proposed by the commission as necessary for the implementation of this part 2. The rule-making process shall be open and available for input from the public, including but not limited to interpreters and consumers of interpreter services.
L. 87: Entire part R&RE, p. 571, § 1, effective April 23. L. 94: Entire section amended, p. 2642, § 94, effective July 1. L. 2006: Entire section amended, p. 1087, § 3, effective May 25.
For the legislative declaration contained in the 1994 act amending this section, see section 1 of chapter 345, Session Laws of Colorado 1994.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › WITNESSES (§§ 13-90-101 — 13-90.5-107) › Article 90 - WITNESSES (§§ 13-90-101 — 13-90-210) › Part 2 - APPOINTMENT OF INTERPRETERS FOR PERSONS WHO ARE DEAF OR HARD OF HEARING (§§ 13-90-201 — 13-90-210) › Section 13-90-205 - Coordination of auxiliary services requests

(1)
The commission, in collaboration with the judicial department, shall establish, monitor, coordinate, and publish a list of available resources regarding communication accessibility for persons who are deaf, hard of hearing, or deafblind, including qualified auxiliary services providers, for use by an appointing authority pursuant to section
13-90-204
. The list must contain the names of private individual providers and agencies that secure qualified auxiliary services for assignment.
(2)
Whenever a qualified auxiliary service is required pursuant to section
13-90-204
, the appointing authority shall secure the auxiliary service through the list of available resources made available and coordinated by the commission in accordance with subsection (1) of this section.
(3)
The commission shall provide auxiliary services for a proceeding described by section
13-90-204(1)(a), (1)(b), or (1)(c)
. The commission does not have additional responsibilities beyond the requirements of subsection (1) of this section for a proceeding described in section
13-90-204(1)(d) or (1)(f)
.
Amended by 2018 Ch. 303,§ 5, eff. 8/8/2018.
L. 87: Entire part R&RE, p. 571, § 1, effective April 23. L. 94: (1) amended, p. 2642, § 95, effective July 1. L. 2006: Entire section amended, p. 1089, § 5, effective May 25. L. 2018: Entire section amended, (HB 18-1108), ch. 303, p. 1835, § 5, effective August 8.
For the legislative declaration contained in the 1994 act amending subsection (1), see section 1 of chapter 345, Session Laws of Colorado 1994.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › WITNESSES (§§ 13-90-101 — 13-90.5-107) › Article 90 - WITNESSES (§§ 13-90-101 — 13-90-210) › Part 2 - APPOINTMENT OF INTERPRETERS FOR PERSONS WHO ARE DEAF OR HARD OF HEARING (§§ 13-90-201 — 13-90-210) › Section 13-90-206 - Use of an intermediary interpreter

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.
L. 87: Entire part R&RE, p. 572, § 1, effective April 23. L. 2006: Entire section amended, p. 1089, § 6, effective May 25.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › WITNESSES (§§ 13-90-101 — 13-90.5-107) › Article 90 - WITNESSES (§§ 13-90-101 — 13-90-210) › Part 2 - APPOINTMENT OF INTERPRETERS FOR PERSONS WHO ARE DEAF OR HARD OF HEARING (§§ 13-90-201 — 13-90-210) › Section 13-90-207 - Requirements to be met prior to commencing proceedings

(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 manner to the best of his or her skills, but such oath shall only be required if the entity presiding over the proceeding has been given, by statute, the authority to administer such an oath.
(b)
The qualified auxiliary services provider shall be in full view and spatially situated to assure effective communication with the person or persons who are deaf, hard of hearing, or deafblind.
(c)
The appointing authority shall make a reasonable attempt to provide a qualified auxiliary services provider that is effective to the person who is deaf, hard of hearing, or deafblind.
Amended by 2018 Ch. 303,§ 6, eff. 8/8/2018.
L. 87: Entire part R&RE, p. 572, § 1, effective April 23. L. 2006: (1) amended, p. 1089, § 7, effective May 25. L. 2018: IP(1), (1)(b), and (1)(c) amended, (HB 18-1108), ch. 303, p. 1835, § 6, effective August 8.
This section is similar to former § 13-90-203 as it existed prior to 1987.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › WITNESSES (§§ 13-90-101 — 13-90.5-107) › Article 90 - WITNESSES (§§ 13-90-101 — 13-90-210) › Part 2 - APPOINTMENT OF INTERPRETERS FOR PERSONS WHO ARE DEAF OR HARD OF HEARING (§§ 13-90-201 — 13-90-210) › Section 13-90-208 - Waiver

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 have access to counsel for advice and shall have actual, full knowledge of the right to effective communication. The waiver is subject to the approval of counsel, if any, to the person who is deaf, hard of hearing, or deafblind and is also subject to the approval of the appointing authority. In no event is the failure of the person who is deaf, hard of hearing, or deafblind to request a qualified auxiliary service deemed a waiver of this right.
Amended by 2018 Ch. 303,§ 7, eff. 8/8/2018.
L. 87: Entire part R&RE, p. 572, § 1, effective April 23. L. 2006: Entire section amended, p. 1090, § 8, effective May 25. L. 2018: Entire section amended, (HB 18-1108), ch. 303, p. 1835, § 7, effective August 8.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › WITNESSES (§§ 13-90-101 — 13-90.5-107) › Article 90 - WITNESSES (§§ 13-90-101 — 13-90-210) › Part 2 - APPOINTMENT OF INTERPRETERS FOR PERSONS WHO ARE DEAF OR HARD OF HEARING (§§ 13-90-201 — 13-90-210) › Section 13-90-209 - Privileged communications

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.
L. 87: Entire part R&RE, p. 572, § 1, effective April 23.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › WITNESSES (§§ 13-90-101 — 13-90.5-107) › Article 90 - WITNESSES (§§ 13-90-101 — 13-90-210) › Part 2 - APPOINTMENT OF INTERPRETERS FOR PERSONS WHO ARE DEAF OR HARD OF HEARING (§§ 13-90-201 — 13-90-210) › Section 13-90-210 - Compensation

Subject to the appropriations available to the commission, a qualified interpreter or computer-aided realtime translation reporter provided pursuant to section
13-90-204
shall be entitled to compensation for his or her services, including waiting time and necessary travel and subsistence expenses. The amount of compensation shall be based on a fee schedule for qualified interpreters and auxiliary services established by the commission.
L. 87: Entire part R&RE, p. 572, § 1, effective April 23. L. 2006: Entire section amended, p. 1090, § 9, effective May 25.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › WITNESSES (§§ 13-90-101 — 13-90.5-107) › Article 90.5 - UNIFORM INTERSTATE DEPOSITIONS AND DISCOVERY ACT (§§ 13-90.5-101 — 13-90.5-107) › Section 13-90.5-101 - Short title

This article may be cited as the "Uniform Interstate Depositions and Discovery Act".
L. 2008: Entire article added, p. 196, § 1, effective August 5.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › WITNESSES (§§ 13-90-101 — 13-90.5-107) › Article 90.5 - UNIFORM INTERSTATE DEPOSITIONS AND DISCOVERY ACT (§§ 13-90.5-101 — 13-90.5-107) › Section 13-90.5-102 - Definitions

As used in this article, unless the context otherwise requires:
(1)
"Foreign jurisdiction" means a state other than this state.
(2)
"Foreign subpoena" means a subpoena issued under authority of a court of record of a foreign jurisdiction.
(3)
"Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, or governmental subdivision, agency or instrumentality, or any other legal or commercial entity.
(4)
"State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, a federally recognized Indian tribe, or any territory or insular possession subject to the jurisdiction of the United States.
(5)
"Subpoena" means a document, however denominated, issued under authority of a court of record requiring a person to:
(a)
Attend and give testimony at a deposition;
(b)
Produce and permit inspection and copying of designated books, documents, records, electronically stored information, or tangible things in the possession, custody, or control of the person; or
(c)
Permit inspection of premises under the control of the person.
L. 2008: Entire article added, p. 196, § 1, effective August 5.
OFFICIAL COMMENT
This Act is limited to discovery in state courts, the District of Columbia, Puerto Rico, the United States Virgin Islands, and the territories of the United States. The committee decided not to extend this Act to include foreign countries including the Canadian provinces. The committee felt that international litigation is sufficiently different and is governed by different principles, so that discovery issues in that arena should be governed by a separate act.
The term "Subpoena" includes a subpoena duces tecum. The description of a subpoena in the Act is based on the language of Rule 45 of the FRCP.
The term "Subpoena" does not include a subpoena for the inspection of a person (subsection (3)(C) is limited to inspection of premises). Medical examinations in a personal injury case, for example, are separately controlled by state discovery rules (the corresponding federal rule is Rule 35 of the FRCP). Since the plaintiff is already subject to the jurisdiction of the trial state, a subpoena is never necessary.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › WITNESSES (§§ 13-90-101 — 13-90.5-107) › Article 90.5 - UNIFORM INTERSTATE DEPOSITIONS AND DISCOVERY ACT (§§ 13-90.5-101 — 13-90.5-107) › Section 13-90.5-104 - Service of subpoena

A subpoena issued by a clerk of court under section
13-90.5-103
must be served in compliance with section
13-90-115
, rule 45 of the Colorado rules of civil procedure, and any other applicable statutes or rules of this state.
L. 2008: Entire article added, p. 197, § 1, effective August 5.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › WITNESSES (§§ 13-90-101 — 13-90.5-107) › Article 90.5 - UNIFORM INTERSTATE DEPOSITIONS AND DISCOVERY ACT (§§ 13-90.5-101 — 13-90.5-107) › Section 13-90.5-105 - Deposition, production, and inspection

Section 13-90-112, rule 37 of the Colorado rules of civil procedure, and any other applicable statutes or rules of this state apply to subpoenas issued under section
13-90.5-103
.
L. 2008: Entire article added, p. 197, § 1, effective August 5.
OFFICIAL COMMENT
The Act requires that the discovery permitted by this section must comply with the laws of the discovery state. The discovery state has a significant interest in these cases in protecting its residents who become non-party witnesses in an action pending in a foreign jurisdiction from any unreasonable or unduly burdensome discovery request. Therefore, the committee believes that the discovery procedure must be the same as it would be if the case had originally been filed in the discovery state.
The committee believes that the fee, if any, for issuing a subpoena should be sufficient to cover only the actual transaction costs, or should be the same as the fee for local deposition subpoenas.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › WITNESSES (§§ 13-90-101 — 13-90.5-107) › Article 90.5 - UNIFORM INTERSTATE DEPOSITIONS AND DISCOVERY ACT (§§ 13-90.5-101 — 13-90.5-107) › Section 13-90.5-106 - Application to court

An application to the court for a protective order or to enforce, quash, or modify a subpoena issued by a clerk of court under section
13-90.5-103
must comply with the rules or statutes of this state and be submitted to the district court for the county in which discovery is to be conducted.
L. 2008: Entire article added, p. 197, § 1, effective August 5.
OFFICIAL COMMENT
The act requires that any application to the court for a protective order, or to enforce, quash, or modify a subpoena, or for any other dispute relating to discovery under this Act, must comply with the law of the discovery state. Those laws include the discovery state's procedural, evidentiary, and conflict of laws rules. Again, the discovery state has a significant interest in protecting its residents who become non ‐party witnesses in an action pending in a foreign jurisdiction from any unreasonable or unduly burdensome discovery requests, and this is easily accomplished by requiring that any discovery motions must be decided under the laws of the discovery state. This protects the deponent by requiring that all applications to the court that directly affect the deponent must be made in the discovery state.
The term "modify" a subpoena means to alter the terms of a subpoena, such as the date, time, or location of a deposition.
Evidentiary issues that may arise, such as objections based on grounds such as relevance or privilege, are best decided in the discovery state under the laws of the discovery state (including its conflict of laws principles).
Nothing in this act limits any party from applying for appropriate relief in the trial state. Applications to the court that affect only the parties to the action can be made in the trial state. For example, any party can apply for an order in the trial state to bar the deposition of the out-of-state deponent on grounds of relevance, and that motion would be made and ruled on before the deposition subpoena is ever presented to the clerk of court in the discovery state.
If a party makes or responds to an application to enforce, quash, or modify a subpoena in the discovery state, the lawyer making or responding to the application must comply with the discovery state's rules governing lawyers appearing in its courts. This act does not change existing state rules governing out ‐of ‐state lawyers appearing in its courts. (See Model Rule 5.5 and state rules governing the unauthorized practice of law.)
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › WITNESSES (§§ 13-90-101 — 13-90.5-107) › Article 90.5 - UNIFORM INTERSTATE DEPOSITIONS AND DISCOVERY ACT (§§ 13-90.5-101 — 13-90.5-107) › Section 13-90.5-107 - 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.
L. 2008: Entire article added, p. 197, § 1, effective August 5.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › ADVOCATES (§§ 13-91-101 — 13-100-104) › Article 91 - OFFICE OF THE CHILD'S REPRESENTATIVE (§§ 13-91-101 — 13-91-107) › Section 13-91-101 - Short title

This article shall be known and may be cited as the "Office of the Child's Representative Act".
L. 2000: Entire article added, p. 1766, § 1, effective July 1.