Colorado Rules of Evidence with Objections, Fourth Edition

CONTENTS

Preface

Ambiguous Questions

Argumentative Questions

Asked and Answered Questions

Assuming Facts Not in Evidence

Authentication of Instruments

Authentication of Telephone Conversation and Voices

Character Evidence
Generally
Accused or Victim in a Criminal Case
Other Acts, Crimes, or Wrongs
Rape or Sex Offense Cases
Truthful or Untruthful Character

Competence to Testify

Compound Questions

Compromise/Offers of Compromise

Cross-Examination
Generally
Scope

Dead Man's Statute

Exhibits
Demonstrative
Illustrative
Tangible Objects
Writings

Expert Opinion

Firsthand Knowledge

Guilty Pleas

Habit and Routine Practice

Hearsay
Generally
Attacking and Supporting the Credibility of a Hearsay Declarant
Hearsay Within Hearsay
Non-Hearsay Admissions

Hearsay Exception
Absence of Entry in Business Records
Absence of Public Records or Entry
Excited Utterance
Family Records
Forfeiture by Wrongdoing
Former Testimony
Judgment as to Personal, Family, or General History, or Boundaries
Learned Treatises
Market Reports and Commercial Publications
Marriage, Baptism, and Similar Certificates
Other Exceptions
Present Sense Impression
Public Records and Reports
Recorded Recollection
Records of Documents Affecting an Interest in Property
Records of Regularly Conducted Activity
Records of Religious Organizations
Records of Vital Statistics
Reputation as to Character
Reputation Concerning Boundaries or General History
Reputation Concerning Personal or Family History
Requirement of Unavailability
Residual Exception
Statement Against Interest
Statement in Ancient Documents
Statement in Documents Affecting an Interest in Property
Statement of Personal or Family History
Statement for Purposes of Medical Diagnosis or Treatment
Statement Under Belief of Impending Death
Then-Existing Mental or Emotional Condition
Then-Existing Physical Condition

Impeachment
Bias, Prejudice, Interest, and Improper Motive
Character Evidence
Memory
Prior Convictions
Prior Inconsistent Statements
Specific Instances of Misconduct

Insurance Against Liability

Judicial Notice

Lay Opinion Evidence

Leading Questions

Misquoting the Witness

Narratives

Non-Responsive Answers

Objections

Offers of Proof

Original Document Rule

Payment of Medical and Similar Expenses

Presumptions

Privileges

Refreshing Present Recollection

Relevance
Generally
Conditional Admissibility
Exclusion of Relevant Evidence on Grounds of Prejudice, Confusion, or Waste of Time
Limited Admissibility
Rule of Completeness

Subsequent Remedial Measures

Colorado Rules of Evidence

October 13, 2010

Judge William G. Meyer (Ret.)

After serving sixteen years as a judge in the Denver District Court (Second Judicial District of Colorado), William G. Meyer joined the Judicial Arbiter Group, Inc. in the fall of 2000. While on the bench, Judge Meyer regularly taught evidence courses to judges in Colorado and nationally. He currently teaches evidence for the Colorado Judicial Branch and the National Judicial College, as well as dispute resolution skills. In addition, he is the senior judicial fellow for the National Drug Court Institute. Upon graduating with honors from the College of Idaho in 1969, he went on to do graduate work in public administration at George Washington University under a Scottish Rite Fellowship, before attending law school at the University of Denver. After receiving his J.D., Judge Meyer accepted a position as deputy district attorney in Denver where he tried in excess of a hundred cases. Between his time as a prosecutor with the Denver District Attorney and a position with the Colorado Attorney General as first assistant attorney general in 1982, he went into the private practice of law where he specialized in complex commercial litigation. While with the Attorney General's office, Judge Meyer was deputized as a special assistant U.S. attorney for the District of Colorado and a deputy district attorney in the twenty-two Colorado judicial districts. He handled complex civil and criminal litigation in both state and federal courts. During his sixteen years on the Denver District Court, he tried numerous negligence, employment and commercial disputes. He was director of the Denver District Court Early Neutral Evaluation Project and personally handled scores of settlement conferences. He was presiding judge of the domestic relations division from 1996-1998.

Anthony J. Bocchino

Professor Anthony Bocchino is an honors graduate of the University of Connecticut School of Law after which he was a Bradway Fellow at the Duke University School of Law. He served as a full time faculty member at both the University of Connecticut School of Law and the Duke University Law School before joining the Temple University Beasley School of Law faculty in 1979. At the Beasley School of Law for the period 1979 -1989 he was Director of Temple's Trial Advocacy and Clinical Programs. He has designed the program, written materials and taught in the law school's Integrated Trial Advocacy Program which has been twice awarded the Gumpert Award for Excellence in Teaching Trial Advocacy from the American College of Trial Lawyers, in addition to receiving the Gambrell Award for Teaching Professionalism from the American Bar Association. In 1997 he was named by Temple University as the Jack E. Feinberg Professor of Litigation.

Professor Bocchino has been honored with teaching awards from Duke University School of Law where he received the Mordecai Society Award and the Beasley School of Law where he was the first recipient of the George P. Williams II Memorial Award. In addition, he has received the Oliphant Award from the National Institute for Trial Advocacy and the Richard S. Jacobson Award from the Association of Trial Lawyers of America for excellence in teaching the art and science of trial advocacy.

In addition to his law school duties Professor Bocchino has served as a faculty member for the National Institute for Trial Advocacy (NITA) since 1974, served as NITA's Director for five years and served as the organization's Editor in Chief. Bocchino has written materials and designed programs for trial, deposition, fact investigation, motion practice and appellate advocacy programs for more than 30 law firms and numerous public agencies. He has also conducted needs analyses and designed litigation skill curricula for numerous law firms. His CLE materials and program designs are among the most frequently utilized by those organizations. In addition, he has and will customize materials to the specific needs of individual clients.

Professor Bocchino is the author of over 60 books and articles, predominantly in the fields of Evidence, Trial Advocacy, Civil Litigation and Professional Responsibility. His trial advocacy and/or deposition practice materials are used in a majority of the law schools in America, as well as in CLE litigation skills training in the public and private sectors.

Professor Bocchino has been elected as a member of the American Law Institute, and named a Fellow of the American Bar Foundation, Litigation Counsel of America and the International Society of Barristers.

David A. Sonenshein

David A. Sonenshein is the I. Herman Stern Professor of Law at Temple University. He has also been a faculty member at George Washington University National Law Center, DePaul University College of Law, and Boston University School of Law, teaching civil procedure, criminal procedure, evidence, professional responsibility, trial advocacy, and complex civil litigation. He has received the Outstanding Professor Award at both DePaul and Temple Law Schools a total of six times. He is a nationally recognized lecturer on the law of evidence in the courtroom. As a consultant to the Federal Judicial Center, he leads seminars for all new Federal District Court Judges on the law of evidence, as well as offering seminars for experienced U.S. District Court Judges. He has served as an instructor on evidence and trial advocacy for NITA, AILTO (of which he is the Director), ALI-ABA, and the National Practice Institute. Professor Sonenshein earned the Francis E. Rawle Award from the American Law Institute and American Bar Association for his outstanding contributions to the field of post-admission legal education. He received his B.A. from Cornell University and his J.D. from New York University School of Law.