§ 13-20-207 — Correspondent not to be disclosed - cross-examination - effect

Colorado § 13-20-207

• Jurisdiction: Colorado
• Title 13: Courts
• Art.: Actions

Text

(1) No attorney appearing in any of the proceedings mentioned in section 13-20-206
on behalf of a party thereto asserting misconduct by the adverse party shall ask of
any witness any question intended or calculated to disclose the name or identity of
any third person charged as correspondent or participant in any such misconduct,
nor shall any party or witness testifying on behalf of a party asserting misconduct
by the adverse party name or identify any third person charged as a correspondent
or participant in any such misconduct; except that, if the court in the exercise of
sound discretion so orders, counsel for any party charged with any act of
misconduct with a third person may be permitted to cross-examine a witness who
has testified to any such act of misconduct concerning the identity of any such third
person and, within such limits as the court may prescribe, such witness may make
answer to questions so asked.

(2) In all testimony in such actions, proceedings, and citations, designation of
such correspondent or other alleged participant in misconduct by general language
not sufficient for identification operates with the same legal effect as complete
identification. The discretion vested in the court by this section shall be exercised in
such manner as to avoid injustice to litigants, while at the same time avoiding so far
as possible the public revelation of the name or identity of such third person, and to
this end the court, in all such cases, may impound pleadings or other documents in
the case and hear such testimony in chambers. This section shall not be construed
to change the grounds for dissolution of marriage or impair the substantive rights
of parties in those cases, but to regulate pleading, practice, and testimony therein
so as to eliminate criminal intimidation and public scandal. The provisions of this
section apply as well to the taking of testimony by deposition as to proceedings
before the court. The deposition of any correspondent or participant in misconduct
shall be taken behind closed doors and, when filed in court, shall be sealed, not to
be opened without the order of the court. Any willful violation of any provision of
this section by any attorney, party, or witness constitutes a direct contempt of the
court having jurisdiction of the proceedings in which the same occurs and may be
punished by the court with a fine not exceeding five hundred dollars as the court
deems proper.

Legislative History

Source: L. 37: p. 407, � 8. CSA: C. 24A, � 8. CRS 53: � 41-3-7. C.R.S. 1963: � 41-3-7. L. 72: p. 558, � 13.