§ 14-5-316 — Special rules of evidence and procedure

Colorado § 14-5-316

• Jurisdiction: Colorado
• Title 14: Domestic
• Art.: Uniform Interstate Family

Text

(a) The physical
presence of a nonresident party who is an individual in a tribunal of this state is not
required for the establishment, enforcement, or modification of a support order or
the rendition of a judgment determining parentage of a child.

(b) An affidavit, a document substantially complying with federally
mandated forms, or a document incorporated by reference in any of them, which
would not be excluded under the hearsay rule if given in person, is admissible in
evidence if given under penalty of perjury by a party or witness residing outside this
state.

(c) A copy of the record of child support payments certified as a true copy of
the original by the custodian of the record may be forwarded to a responding
tribunal. The copy is evidence of facts asserted in it, and is admissible to show
whether payments were made.

(d) Copies of bills for testing for parentage of a child, and for prenatal and
postnatal health care of the mother and child, furnished to the adverse party at
least ten days before trial, are admissible in evidence to prove the amount of the
charges billed and that the charges were reasonable, necessary, and customary.

(e) Documentary evidence transmitted from outside this state to a tribunal of
this state by telephone, telecopier, or other electronic means that do not provide an
original record may not be excluded from evidence on an objection based on the
means of transmission.

(f) In a proceeding under this article, a tribunal of this state shall permit a
party or witness residing outside this state to be deposed or to testify under
penalty of perjury by telephone, audiovisual means, or other electronic means at a
designated tribunal or other location. A tribunal of this state shall cooperate with
other tribunals in designating an appropriate location for the deposition or
testimony.

(g) If a party called to testify at a civil hearing refuses to answer on the
ground that the testimony may be self-incriminating, the trier of fact may draw an
adverse inference from the refusal.

(h) A privilege against disclosure of communications between spouses does
not apply in a proceeding under this article.

(i) The defense of immunity based on the relationship of husband and wife or
parent and child does not apply in a proceeding under this article.

(j) A voluntary acknowledgment of parentage, certified as a true copy, is
admissible to establish parentage of the child.

Legislative History

Source: L. 93: Entire article R&RE, p. 1593, � 1, effective January 1, 1995. L. 2003: (a), (b), (e), and (f) amended and (j) added, p. 1254, � 23, effective July 1, 2004. L. 2015: (a), (b), (d), (e), and (f) amended, (HB 15-1198), ch. 173, p. 552, � 23, effective July 1. L. 2022: (j) amended (HB 22-1153), ch. 210, p. 1394, � 6, effective August 10.