Here is the revised Colorado Rule of Evidence 803(10). No other changes were made to the rule. This conforms Colorado’s Rule to the Federal Rule
Colorado Rules of Evidence
Rule 803. Hearsay Exceptions: Availability of Declarant Immaterial
The following are not excluded by the hearsay rule, even though the declarant is available as a witness:
(1) through (9) [NO CHANGE]
(10) Absence of public Record. Testimony – or a certification under Rule 902 – that a diligent search failed to disclose a public record or statement if:
(A) the testimony or certification is admitted to prove that
(i) the record or statement does not exist; or
(ii) a matter did not occur or exist, if a public office regularly kept a record or statement for a matter of that kind; and
(B) in a criminal case, a prosecutor who intends to offer a certification provides written notice of that intent at least 14 days before trial, and the defendant does not object in writing within 7 days of receiving the notice – unless the court sets a different time for the notice or objection.
The Committee recommended adoption of this amended version of C.R. E. 803( 10) to follow the identical amendment to F.R.E. 803(10) which took effect on December l, 2013.
( 11) through (18) [NO CHANGE]