§ 1-11-209 — Depositions in contests for state senator or representative

Colorado § 1-11-209

• Jurisdiction: Colorado
• Title 01: Elections
• Art.: Certificates of Election and Election Contests

Text

(1)
Either party, at the time the statement or answer is served, may serve upon the
adverse party reasonable notice of taking depositions to be used at trial of the
contest for state senator or state representative. Immediately after joining issue of
fact, both parties shall proceed with all reasonable diligence to take any
depositions they may desire to use at trial. Nothing in this subsection (1) shall
abridge the right of either party to take depositions upon reasonable notice prior to
the joining of issue in relation to any of the matters in controversy; but a failure to
take depositions before the joining of issue shall not be held as laches against
either party to the contest.

(2) If, upon the completion of taking any depositions, the adverse party has
any witnesses present before the officer taking the depositions whose testimony
the adverse party may wish to use in rebuttal of the depositions, the adverse party
may proceed immediately to take the deposition of the rebutting witness before the
officer, upon giving written notice to the other party or the other party's attorney.
The officer shall attach to the depositions a copy of the notice with proof of service
and shall return the rebuttal depositions in the same manner provided for returning
depositions in chief. The party taking a deposition shall pay all costs of taking the
deposition and its return.

(3) The time for taking depositions to be used at trial of the contest shall
expire three days prior to the meeting of the next general assembly. Both parties
may take depositions at the same time, but neither party shall take depositions at
more than one place at the same time. Nothing in this subsection (3) shall be
construed to abridge the right of either house of the general assembly, upon good
cause shown, to extend the time to take depositions, or to send for and examine any
witness, or to take any testimony it may desire to use on trial of the contest, or to
order a recount of the ballots if there has been an error in surveying the returns in
any county or precinct.

(4) Any county or district judge of or for a county in the judicial district where
a contested election case arises may issue subpoenas, compel the attendance of
witnesses, take depositions, and certify depositions according to the rules of the
district court.

(5) The officer before whom the depositions are taken, upon the completion
thereof, shall certify the depositions immediately, shall enclose the depositions,
and the notices for taking the depositions, and the proofs of service of the notices
in an envelope, and shall seal and transmit the envelope by mail or in person by a
sworn officer, to the secretary of state, with an endorsement showing the nature of
the papers, the names of the contesting parties, and the house of the general
assembly before which the contest is to be tried.

Legislative History

Source: L. 92: Entire article R&RE, p. 789, � 14, effective January 1, 1993.