Current through 11/5/2024 election
Section 16-1-108 - Admission of records in court(1) In a trial or hearing, all official records and documents of the state of Colorado, as defined in section 42-2-121(2)(c), C.R.S., shall: (a) Be admissible in all county and district courts within the state of Colorado without further foundation;(b) Be statutory exceptions to rule 802 of the Colorado rules of evidence; and(c) Constitute prima facie proof of the information contained in the record or document if the record or document is accompanied by a certificate stating that the executive director of the department of revenue, or the executive director's appointee, has custody of the record or document and accompanied by and attached to a cover page that: (I) Specifies the number of pages, exclusive of the cover page, that constitute the record or document being submitted; and(II) Bears the signature of the executive director of the department of revenue, or the executive director's appointee, attesting to the authenticity of the record or document; and(III) Bears the official seal of the department of revenue or a stamped or printed facsimile of the seal.(2) As used in subsection (1) of this section, "official records and documents" includes any mechanically or electronically reproduced copy, photograph, or printout of a record or document or any portion of a record or document filed with, maintained by, or prepared by the department of revenue pursuant to section 42-2-121(2)(c), C.R.S. The department of revenue may also permit the electronic transmission of information for direct recording in the department of revenue's records and systems. Information transmitted by an electronic means that is approved by the department of revenue constitutes an official record for the purposes of this section, regardless of whether an original source document for the information exists or ever existed. The certificate and cover page and its contents required by subsection (1) of this section may be electronically produced and transmitted. An electronic reproduction of the certificate and cover page, including an electronic signature of the executive director of the department of revenue or of the executive director's appointee and an electronic reproduction of the official seal of the department of revenue, shall be admissible in court as set forth in subsection (1) of this section.(3) A record or document shall not be required to include every page of a record or document filed with, maintained by, or prepared by the department of revenue pursuant to this section to be an official record or document, if the official record or document includes all of those portions of the record or document relevant to the trial or hearing for which it is prepared. There shall be a presumption that the official record or document contains all information that is relevant to the trial or hearing.L. 2004: Entire section added, p. 1379, § 6, effective July 1. L. 2005: IP(1) and (2) amended, p. 765, § 24, effective June 1.