§ 13-25-127 — Civil actions - degree of proof required

Colorado § 13-25-127

• Jurisdiction: Colorado
• Title 13: Courts
• Art.: Evidence - General Provisions

Text

(1) Any provision of the
law to the contrary notwithstanding and except as provided in subsection (2) of this
section, the burden of proof in any civil action shall be by a preponderance of the
evidence. The provisions of this subsection (1) shall not apply to the burden of proof
required in determining the validity of any legislative enactment.

(2) Exemplary damages against the party against whom the claim is asserted
shall only be awarded in a civil action when the party asserting the claim proves
beyond a reasonable doubt the commission of a wrong under the circumstances set
forth in section 13-21-102. Nothing in this subsection (2) shall be construed as
preventing a party asserting the claim from being awarded money damages or
other appropriate relief, other than exemplary damages, if he sustains the burden
of proof by a preponderance of the evidence.

(3) (Deleted by amendment, L. 95, p. 15, � 5, effective March 9, 1995.)

(4) This section became effective July 1, 1972, and applies only to civil
actions which accrue on or after such date.

Legislative History

Source: L. 71: p. 579, � 1. C.R.S. 1963: � 52-1-28. L. 72: pp. 317, 318, �� 1, 2. L. 95: (1) and (3) amended, p. 15, � 5, effective March 9.