Colorado § 13-90-106 Who may not testify

Colorado Statutes

§ 13-90-106 — Who may not testify

Colorado § 13-90-106

Title 13Courts

Art.Witnesses

This text of Colorado § 13-90-106 (Who may not testify) is published on Counsel Stack Legal Research, covering Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Colo. Rev. Stat. § 13-90-106 (2026).

Text

(1)The following persons shall not be witnesses:

(a)Persons who are of unsound mind at the time of their production for examination;

(b)(I) Children under ten years of age who appear incapable of receiving just impressions of the facts respecting which they are examined or of relating them truly.

(II)This proscription does not apply to a child under ten years of age, in any civil or criminal proceeding for child abuse, sexual abuse, a sexual offense pursuant to part 4 of article 3 of title 18, C.R.S., or incest, when the child is able to describe or relate in language appropriate for a child of that age the events or facts respecting which the child is examined.

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(1) The following persons shall not be
witnesses:

(a) Persons who are of unsound mind at the time of their production for
examination;

(b) (I) Children under ten years of age who appear incapable of receiving just
impressions of the facts respecting which they are examined or of relating them
truly.

(II) This proscription does not apply to a child under ten years of age, in any
civil or criminal proceeding for child abuse, sexual abuse, a sexual offense pursuant
to part 4 of article 3 of title 18, C.R.S., or incest, when the child is able to describe or
relate in language appropriate for a child of that age the events or facts respecting
which the child is examined.

Legislative History

Source: L. 1883: p. 290, � 2. G.S. � 3648. R.S. 08: � 7273. C.L. � 6562. CSA: C. 177, � 8. CRS 53: �153-1-6. C.R.S. 1963: � 154-1-6. L. 83: (1)(b) amended, p. 635, � 1, effective April 22. L. 89: (1)(b)(II) amended, p. 862, � 1, effective April 12. L. 2003: (1)(b)(II) amended, p. 1433, � 24, effective April 29.