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Home/State Laws/Colorado

Colorado Mock Trial Rules

West

CO · Capital: Denver

Evidence Rules

Colorado Rules of Evidence

Citation: CRE 101–1103

Key Differences from Federal Rules of Evidence

  • CRE 702 applies a modified Daubert/Shreck standard (People v. Shreck, 2001) with four non-exclusive factors distinct from the federal Daubert analysis
  • CRE 404(b) requires the prosecution to provide pretrial notice and show evidence is logically and legally relevant before admission of other-acts evidence
  • CRE 801(d)(1) is narrower than FRE; prior inconsistent statements are admissible as substantive evidence only if given under oath at a formal proceeding

Notable Rules

RuleDescription
CRE 412Colorado's rape shield statute is broader than FRE 412, barring virtually all evidence of victim's prior sexual conduct in sexual assault cases with very limited exceptions
CRE 702 / People v. ShreckExpert testimony requires a showing that the scientific principles are reliable, the expert is qualified, and the testimony is relevant and helpful; trial courts have broad gatekeeping discretion

Trial Procedure

Civil Procedure

Colo. R. Civ. P.

Criminal Procedure

Colo. R. Crim. P.

Key Features

  • Colorado uses simplified civil procedure rules with proportionality-based discovery limits under C.R.C.P. 26(b)(1)
  • Criminal cases require a speedy trial within 6 months (182 days) of plea under Colo. R. Crim. P. 48
  • Colorado allows interlocutory appeals under C.A.R. 4.2 for suppression rulings in criminal cases

Jury Rules

6

Civil Jury Size

12

Criminal Jury Size

Yes

Unanimity Required

  • Civil juries consist of 6 jurors; unanimity is required for verdicts
  • Criminal juries consist of 12 jurors for felonies and require unanimous verdicts
  • Misdemeanor criminal trials may use 6-person juries; unanimity still required

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