New C.R.E. 803(10), effective February 18, 2014.

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]

Leave a comment

Filed under Commentary, Evidence

Brief this Case

Fill in your details below or click an icon to log in: Logo

You are commenting using your account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s