Colorado § 24-72-110 Evidence admissible, when - charges

Colorado Statutes

§ 24-72-110 — Evidence admissible, when - charges

Colorado § 24-72-110

Title 24Government

Art.Public Records

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Bluebook

Colo. Rev. Stat. § 24-72-110 (2026).

Text

(1)In all cases under the provisions of this part 1 and in all proceedings or actions instituted after April 19, 1889, as to any estate or any interest or right in or any lien or encumbrance upon any lots, pieces, or parcels of land, where the original evidence has been destroyed or lost or is not in the possession of the party wishing to use it on the trial and the record thereof has been destroyed by fire or otherwise, the court shall receive all such evidence as may have a bearing on the case to establish the execution or contents of the records and deeds so destroyed, although not admissible as evidence under the existing rules governing the admission of evidence, and the testimony of the parties themselves shall be received, subject to all the qualifications in respect to s

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(1) In all cases under the
provisions of this part 1 and in all proceedings or actions instituted after April 19,
1889, as to any estate or any interest or right in or any lien or encumbrance upon
any lots, pieces, or parcels of land, where the original evidence has been destroyed
or lost or is not in the possession of the party wishing to use it on the trial and the
record thereof has been destroyed by fire or otherwise, the court shall receive all
such evidence as may have a bearing on the case to establish the execution or
contents of the records and deeds so destroyed, although not admissible as
evidence under the existing rules governing the admission of evidence, and the
testimony of the parties themselves shall be received, subject to all the
qualifications in respect to such testimony which are now provided by law. Any
writing in the hands of any person which may become admissible in evidence under
the provisions of this section or any other part of this part 1 shall be rejected and
not admitted in evidence unless the same appears upon its face without erasure,
blemish, alteration, interlineation, or interpolation in any material part, unless the
same is explained to the satisfaction of the court, and to have been fairly and
honestly made in the ordinary course of business. Any person making any such
erasure, alteration, interlineation, or interpolation in any such writing, with the
intent to change the same in any substantial matter, after the same has been once
made, is guilty of the crime of forgery and shall be punished accordingly. Any and
all persons who may be engaged in the business of making writings or written
entries concerning or relating to lands and real estate in any county in this state to
which this part 1 applies and of furnishing to persons applying therefor abstracts
and copies of such writings or written entries as aforesaid for a fee, reward, or
compensation therefor and who do not make the same truly and without alteration
or interpolation in any matter of substance, with a view and intent to alter or change
the same in any material matter or substance, are guilty of the crime of forgery and
shall be punished accordingly.

(2) Any such person shall furnish such abstracts or copies to the person
applying therefor, in the order of application and without unnecessary delay, for a
reasonable consideration to be allowed therefor. Any person so engaged, whose
business is declared to stand upon a like footing with that of a common carrier, who
refuses to so furnish if tender of payment is made to him or her of the amount
demanded for such abstract or copy, not to exceed said reasonable consideration,
as soon as such amount is made known or ascertained, or of a sum adequate to
cover such amount before its ascertainment commits a civil infraction and shall be
liable in any proper form of action or suit for any and all damages, loss, or injury
which any person applying therefor may suffer or incur by reason of such failure to
furnish such abstract or copy.

Legislative History

Source: L. 1889: p. 307, � 10. R.S. 08: � 5278. C.L. � 5035. CSA: C. 135, � 10. CRS 53: � 113-1-10. C.R.S. 1963: � 113-1-10. L. 72: p. 564, � 38. L. 97: (1) amended, p. 1021, � 39, effective August 6. L. 2021: (2) amended, (SB 21-271), ch. 462, p. 3229, � 430, effective March 1, 2022.