§ 13-25-115 — Certificate of head officer

Where a subpoena is issued to a state
agency of an executive department seeking an appearance in any court of record,
and the evidence sought is proof of the absence of a public record or entry, or the
foundation for or the authenticity of the documents which are otherwise admissible
pursuant to the Colorado rules of evidence, such subpoena may be complied with
by the submission of the documents under the official certificate of the head
officer, or acting head officer, or official custodian acting under the authority of the
head officer of any executive department of the government of the state of
Colorado, as provided for in this section, without an appearance by the personnel of
such agency. Nothing in this section shall be construed to restrict the right of any
party to any legal proceeding to subpoena a state employee to testify to matters
going beyond the foundation or authenticity of the records of the executive
department.

Legislative History

Source: L. 11: p. 231, � 1. C.L. � 6551. CSA: C. 63, � 17. CRS 53: � 52-1-16. C.R.S. 1963: � 52-1-16. L. 91: Entire section amended, p. 374, � 1, effective April 19.