Colo. R. Evid. 1001

As amended through Rule Change 2024(12), effective July 28, 2024

Rule 1001 - Definitions

For purposes of this article the following definitions are applicable:

(1) Writings and recordings. "Writings" and "recordings" consist of letters, words, or numbers, or their equivalent, set down by handwriting, typewriting, printing, photostating, photographing, magnetic impulse, mechanical or electronic recording, or other form of data compilation.

(2) Photographs. "Photographs" include still photographs, X-ray films, video tapes, and motion pictures.

(3) Original. An "original" of a writing or recording is the writing or recording itself or any counterpart intended to have the same effect by a person executing or issuing it. An "original" of a photograph includes the negative or any print therefrom. If data are stored in a computer or similar device, any printout or other output readable by sight, shown to reflect the data accurately, is an "original".

(4) Duplicate. A "duplicate" is a counterpart produced by the same impression as the original, or from the same matrix, or by means of photography, including enlargements and miniatures, or by mechanical or electronic re-recording, or by chemical reproduction, or by other equivalent techniques which accurately reproduce the original.

(Federal Rule Identical.)

CRE 1001

Annotation Law reviews. For article, "Admissibility of Imaging Systems", see 25 Colo. Law. 61 (September 1996). Accurate transcriptions of sound recordings are admissible to assist the jury in following the recordings while they are played. People v. Gable, 647 P.2d 246 (Colo. App. 1982). Ordinarily, photographs are admissible to depict graphically anything a witness may describe in words, provided that the prejudicial effect of the photographs does not far outweigh their probative value. People v. Roark, 643 P.2d 756 (Colo. 1982). Photographs may be introduced to show any matter which a witness could describe in words, including the appearance of the victim. People v. Mattas, 645 P.2d 254 (Colo. 1982). Trial court has broad discretion in determining the admissibility of photographs. People v. Crespin, 631 P.2d 1144 (Colo. App. 1981). Court's ruling not disturbed, absent abuse. Unless an abuse of discretion is shown, the trial court's ruling on the admissibility of photographs into evidence will not be disturbed on review. People in Interest of R.G., 630 P.2d 89 (Colo. App. 1981). Trial judge to weigh inflammatory effect of photographs against value. When photographs are determined to have probative value, the trial judge's task is to determine whether their potential inflammatory effect far outweighs that value. The trial judge's determination will not be disturbed on review absent an abuse of discretion. People v. Dillon, 633 P.2d 504 (Colo. App. 1981); People v. Loscutoff, 661 P.2d 274 (Colo. 1983). The admissibility of photographs into evidence in a homicide prosecution is a matter within the discretion of a trial judge, who must weigh the probative value against the potential inflammatory effect on the jury. People in Interest of R.G., 630 P.2d 89 (Colo. App. 1981); People v. Dillon, 633 P.2d 504 (Colo. App. 1981). It is within the trial court's discretion to decide whether photographs are unnecessarily gruesome or inflammatory, and the court's decision will be reversed only upon abuse of that discretion. People v. Mattas, 645 P.2d 254 (Colo. 1982). Photographs are not inadmissible merely because they reveal shocking details of a crime. People in Interest of R.G., 630 P.2d 89 (Colo. App. 1981). Cumulative effect of photographs held not to incite the jurors to passion or prejudice. People v. Scherrer, 670 P.2d 18 (Colo. App. 1983). Photocopies constitute duplicates. Fasso v. Straten, 640 P.2d 272 (Colo. App. 1982). Carbon copies are duplicate originals. Equico Lessors, Inc. v. Tak's Automotive Serv., 680 P.2d 854 (Colo. App. 1984). Photographs may be introduced which graphically portray the scene of the crime, appearance of the victim, and other facts which are competent for a witness to describe in words. In determining which photographs should be admitted, the trial court must exercise its discretion and weight the probative value of the evidence against its inflammatory effect. People v. Zekany, 833 P.2d 774 (Colo. App. 1991). Applied in People v. Weese, 753 P.2d 778 (Colo. App. 1987). .

For the uniform law on photographic records, see article 26 of title 13, C.R.S. .