Colorado Rules of Evidence


The Colorado Rules of Evidence govern how to collect, present and apply evidence in all proceedings in Colorado state courts.  

These rules apply generally to civil actions, to criminal proceedings, and to contempt proceedings, except those in which the court may act summarily.  The rule with respect to privileges applies at all stages of all actions, cases, and proceedings.

However, the rules other than those with respect to privileges do not apply in the following situations:

  • During determination of questions of fact preliminary to admissibility of evidence when the issue is to be determined by the court.
  • Proceedings before grand juries.
  • During miscellaneous Proceedings such as for extradition or rendition; detention hearing in criminal cases; sentencing, granting or revoking probation; issuance of warrants for arrest, criminal summonses, and search warrants; and proceedings with respect to release on bail or otherwise.

Whereas, certain rules are applicable only in part.  In special statutory proceedings, these rules apply only to the extent that matters of evidence are not provided for in the statutes that govern procedure.

The Colorado Rules of Evidence are construed to secure fairness in administration and elimination of unjustifiable expense and delay.  In addition, the rules aim at promotion of growth and development of the law of evidence for ascertaining truth and justly determining proceedings.

Table of Contents of Colorado Rules of Evidence

ARTICLE I GENERAL PROVISIONS 6

Rule 101. Scope.

Rule 102. Purpose and Construction.

Rule 103. Rulings on Evidence.

Rule 104. Preliminary Questions

Rule 105. Limited Admissibility.

Rule 106. Remainder of or Related Writings or Recorded Statements.

ARTICLE II JUDICIAL NOTICE 1

Rule 201. Judicial Notice of Adjudicative Facts.

ARTICLE III PRESUMPTIONS IN CIVIL ACTIONS AND PROCEEDINGS 2

Rule 301. Presumptions in General.

Rule 302.(No Colorado Rule Codified).

ARTICLE IV RELEVANCY AND ITS LIMITS 12

Rule 401. Definition of “Relevant Evidence”.

Rule 402. Relevant Evidence Generally Admissible.

Rule 403. Exclusion of Relevant Evidence.

Rule 404. Character Evidence Not Admissible to Prove Conduct.

Rule 405. Methods of Proving Character.

Rule 406. Habit; Routine Practice.

Rule 407. Subsequent Remedial Measures.

Rule 408. Compromise and Offers to Compromise.

Rule 409. Payment of Medical and Similar Expenses.

Rule 410. Offer to Plead Guilty; Nolo Contendere.

Rule 411. Liability Insurance.

Rule 412.(No Colorado Rule Codified).

ARTICLE V PRIVILEGES 1

Rule 501. Privileges Recognized Only as Provided.

ARTICLE VI WITNESSES 15

Rule 601. General Rule of Competency.

Rule 602. Lack of Personal Knowledge.

Rule 603. Oath or Affirmation.

Rule 604. Interpreters.

Rule 605. Competency of Judge as Witness.

Rule 606. Competency of Juror as Witness.

Rule 607. Who May Impeach.

Rule 608. Evidence of Character and Conduct of Witness.

Rule 609.(No Colorado Rule Codified).

Rule 610. Religious Beliefs or Opinions.

Rule 611. Mode and Order of Interrogation and Presentation.

Rule 612. Writing Used to Refresh Memory.

Rule 613. Prior Statements of Witnesses.

Rule 614. Calling and Interrogation of Witnesses by Court.

Rule 615. Exclusion of Witnesses.

ARTICLE VII OPINIONS AND EXPERT TESTIMONY 6

Rule 701. Opinion Testimony by Lay Witnesses.

Rule 702. Testimony by Experts.

Rule 703. Bases of Opinion Testimony by Experts.

Rule 704. Opinion on Ultimate Issue.

Rule 705. Disclosure of Facts.

Rule 706. Court Appointed Experts.

ARTICLE VIII HEARSAY 7

Rule 801. Definitions.

Rule 802. Hearsay Rule.

Rule 803. Hearsay Exceptions: Availability of Declarant Immaterial.

Rule 804. Hearsay Exceptions: Declarant Unavailable.

Rule 805. Hearsay Within Hearsay.

Rule 806. Attacking and Supporting Credibility of Declarant.

Rule 807. Residual Exception.

ARTICLE IX AUTHENTICATION AND IDENTIFICATION 3

Rule 901. Requirement of Authentication or Identification.

Rule 902. Self-Authentication.

Rule 903. Subscribing Witness’ Testimony Unnecessary.

ARTICLE X CONTENTS OF WRITINGS, RECORDINGS AND PHOTOGRAPHS 8

Rule 1001. Definitions.

Rule 1002. Requirement of Original.

Rule 1003. Admissibility of Duplicates.

Rule 1004. Admissibility of Other Evidence of Contents.

Rule 1005. Public Records.

Rule 1006. Summaries.

Rule 1007. Testimony or Written Admission of Party.

Rule 1008. Functions of Court and Jury.

ARTICLE XI MISCELLANEOUS RULES 3

Rule 1101. Applicability of Rules.

Rule 1102.(No Colorado Rule Codified).

Rule 1103. Title.