§ 19-4-111 — Pretrial proceedings

Colorado § 19-4-111

• Jurisdiction: Colorado
• Title 19: Children's
• Art.: Uniform Parentage Act

Text

(1) As soon as practicable after an action to
declare the existence or nonexistence of the parent-child relationship has been
brought, an informal hearing shall be held if it is determined by the court to be in
the child's best interest. The court may order that the hearing be held before a
magistrate. The public must be barred from the hearing if it is determined by the
court to be in the best interest of any of the parties. A record of the proceeding or
any portion thereof must be kept if any party requests or the court orders. Rules of
evidence need not be observed. At the informal hearing, the judge or magistrate
shall give a verbal advisement to the parties that a request for genetic tests must
not prejudice the requesting party in matters concerning allocation of parental
responsibilities pursuant to section 14-10-124 (1.5). The judge or magistrate shall
further advise the parties that, if genetic tests are not obtained prior to the legal
establishment of parentage and submitted into evidence prior to the entry of the
final order establishing parentage, the genetic tests may not be allowed into
evidence at a later date. The judge or magistrate shall further advise the parties
that subsequent to an adjudication of parentage, upon motion, the court shall enter
orders for allocation of parental responsibilities pursuant to section 14-10-124 (1.5);
except that, in matters involving a nonresident party, the court shall first determine
whether it has authority to issue an order allocating parental responsibilities
pursuant to article 13 of title 14.

(2) Upon the refusal of any witness, including a party, to testify under oath or
produce evidence, the court may order such witness to testify under oath and
produce evidence concerning all relevant facts. If the refusal is upon the ground
that such witness' testimony or evidence might tend to incriminate such witness,
the court may grant such witness immunity from the use of the testimony or
evidence the witness is required to produce to prove the commission of a criminal
offense by the witness. The refusal of a witness who has been granted immunity to
obey an order to testify or produce evidence is a civil contempt of the court.

(3) Testimony of a physician concerning the medical circumstances of the
pregnancy and the condition and characteristics of the child upon birth is not
privileged.

(4) Upon the filing of a petition under this article, any party may seek the
issuance of a temporary protection order or injunction under the criteria set forth in
section 14-10-108, C.R.S. Any party may further seek temporary orders as to the
allocation of parental responsibilities, including allocation of decision-making
responsibility and parenting time, and support once an order determining the
existence of the parent and child relationship has been entered by the court. The
filing of a motion for temporary orders shall not prevent a party or public agency
from seeking other relief as may be provided by this article. Issues of temporary
orders concerning the allocation of parental responsibilities, including decision-making responsibility and parenting time, and issues of support shall be determined
in accordance with the criteria set forth in the Uniform Dissolution of Marriage
Act, article 10 of title 14, C.R.S. Any temporary protection order issued pursuant to
this subsection (4) shall be on a standardized form prescribed by the judicial
department, and a copy shall be provided to the protected person.

(5) At the time a protection order is requested pursuant to this section, the
court shall inquire about, and the requesting party and such party's attorney shall
have an independent duty to disclose, knowledge such party and such party's
attorney may have concerning the existence of any prior protection orders of any
court addressing in whole or in part the subject matter of the requested protection
order.

(6) The duties of peace officers enforcing orders issued pursuant to this
section shall be in accordance with section 18-6-803.5, C.R.S., and any rules
adopted by the Colorado supreme court pursuant to said section.

Legislative History

Source: L. 87: Entire title R&RE, p. 796, � 1, effective October 1. L. 91: (1) amended, p. 363, � 35, effective April 9. L. 93: (2) amended, p. 1737, � 30, effective July 1. L. 94: (4) to (6) added, p. 2016, � 11, effective January 1, 1995. L. 98: (4) amended, p. 1409, � 70, effective February 1, 1999. L. 2003: (4) and (5) amended, p.1016, � 26, effective July 1. L. 2005: (1) amended, p. 378, � 5, effective January 1, 2006. L. 2023: (1) amended, (SB 23-173), ch. 330, p. 1975, � 6, effective July 1.