Illustration.By way of illustration only, and not by way of limitation, the following are examples of authentication or identification conforming with the requirements of this rule:
- Testimony of witness with knowledge.Testimony that a matter is what it is claimed to be.
- Non-expert opinion on handwriting. Non-expert opinion as to the genuineness of handwriting, based upon familiarity not acquired for purposes of the litigation.
- Comparison by trier or expert witness. Comparison by the trier of fact or by expert witnesses with specimens which have been authenticated.
- Distinctive characteristics and the like.Appearance, contents, substance, internal patterns, or other distinctive characteristics, taken in conjunction with circumstances.
- Voice identification. Identification of a voice, whether heard firsthand or through mechanical or electronic transmission or recording, by opinion based upon hearing the voice at any time under circumstances connecting it with the alleged speaker.
- Telephone conversations.Telephone conversations, by evidence that a call was made to the number assigned at the time by the telephone company to a particular person or business, if (A) in the case of a person, circumstances, including self-identification, show the person answering to be the one called, or (B) in the case of business, the call was made to a place of business and the conversation related to business reasonably transacted over the telephone.
- Public records or reports.Evidence that a writing authorized by law to be recorded or filed and in fact recorded or filed in a public office, or a purported public record, report, statement, or date compilation, in any form, is from the public office where items of this nature are kept.
- Ancient documents or data compilation.Evidence that a document or data compilation, in any form, (A) is in such condition as to create no suspicion concerning its authenticity, (B) was in a place where it, if authentic, would likely be, and (C) has been in existence 20 years or more at the time it is offered.
- Process or system.Evidence describing a process or system used to produce a result and showing that the process or system produces an accurate result.
- Methods provided by statute or rule. Any method of authentication or identification provided by Colorado Rules of Procedure, or by statute of the State of Colorado.
Extrinsic evidence of authenticity as a condition precedent to admissibility is not required with respect to the following:
- Domestic public documents under seal.A document bearing a seal purporting to be that of the United States, or of any State, district, Commonwealth, territory, or insular possession thereof, or the Panama Canal Zone, or the Trust Territory of the Pacific Islands, or of a political subdivision, department, officer or agency thereof, and a signature purporting to be an attestation or execution.
- Domestic public documents not under seal. A document purporting to bear the signature in his official capacity of an officer or employee of any entity included in paragraph (1) hereof, having no seal, if a public officer having a seal and having official duties in the district or political subdivision of the officer or employee certifies under seal that the signer had the official capacity and that the signature is genuine.
- Foreign public documents.A document purporting to be executed or attested in his official capacity by a person authorize by the laws of a foreign country to make the execution or attestation, and accompanied by a final certification a to the genuineness of signature and official position (A) of the executing or attesting person, or (B) of any foreign official whose certificate of genuineness of signature and official position relates to the execution or attestation or is in a chain of certificates of genuineness of signature and official position relating to the execution or attestation. A final certification may be made by a secretary of embassy or legation, consul general, consul, vice consul, or consular agent of the United States, or a diplomatic or consular official of the foreign country assigned or accredited to the United States. If reasonable opportunity has been given to all parties to investigate the authenticity and accuracy of official documents, the court may, for good cause shown, order that they be treated as presumptively authentic without final certification or permit them to be evidenced by an attested summary with or without final certification.
- Certified copes of public records.A copy of an official record or report or entry therein, or of a document authorized by law to be recorded or filed and actually recorded or filed in a public office, including data compilations in any form, certified as correct by the custodian or other person authorized to make the certification, by certificate complying with paragraph (1), (2), or (3) or this rule or complying with any Federal or Colorado Rule of Procedure, or with any Act of the United States Congress, or any statute of the State of Colorado.
- Official publications. Books, pamphlets, or other publications purporting to be issued by public authority.
- Newspapers and periodicals.Printed materials purporting to be newspapers or periodicals.
- Trade inscriptions and the like. Inscriptions, signs, tags, or labels purporting to have been affixed in the course of business and indicating ownership, control, or origin.
- Acknowledged documents.Documents accompanied by a certificate of acknowledgment executed in the manner provided by law by a notary public or other officer authorized by law to take acknowledgments.
- Commercial paper and related documents.Commercial paper, signatures thereon, and documents relating thereto to the extent provided by general commercial law.
- Presumptions under legislative Act. Any signature, document, or other matter declared by Act of the Congress of the United States, or by any statute of the State of Colorado to be presumptively or prima facie genuine or authentic.
- Certified domestic records of regularly conducted activity. The original or a duplicate of a domestic record of regularly conducted activity that would be admissible under Rule 803(6) if accompanied by an affidavit of its custodian or other qualified person, in a manner complying with any Colorado statute or rule prescribed by the Colorado Supreme Court, certifying that the record- (A) was made at or near the time of the occurrence of the matters set forth by, or from information transmitted by, a person with knowledge of those matters; (B) was kept in the course of the regularly conducted activity; and (C) was made by the regularly conducted activity as a regular practice. A party intending to offer a record into evidence under this paragraph must provide written notice of that intention to all adverse parties, and must make the record and affidavit available for inspection sufficiently in advance of their offer into evidence to provide an adverse party with a fair opportunity to challenge them.
- Certified foreign records of regularly conducted activity.In a civil case, the original or a duplicate of a foreign record of regularly conducted activity that would be admissible under Rule 803(6) if accompanied by a written declaration by its custodian or other qualified person certifying that the record- (A) was made at or near the time of the occurrence of the matters set forth by, or from information transmitted by, a person with knowledge of those matters; (B) was kept in the course of the regularly conducted activity; and (C) was made by the regularly conducted activity as a regular practice. The declaration must be signed in a manner that, if falsely made, would subject the maker to criminal penalty under the laws of the country where the declaration is signed. A party intending to offer a record into evidence under this paragraph must provide written notice of that intention to all adverse parties, and must make the record and declaration available for inspection sufficiently in advance of their offer into evidence to provide an adverse party with a fair opportunity to challenge them.
The testimony of a subscribing witness is not necessary to authenticate a writing unless required by the laws of the jurisdiction whose laws govern the validity of the writing.
Article X Rule 1001 Definitions
For purposes of this article the following definitions are applicable:
- 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.
- Photographs. “Photographs” include still photographs, X-ray films, video tapes, and motion pictures.
- 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”.
- 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.
To prove the content of a writing, recording, or photograph, the original writing, recording, or photograph is required, except as otherwise provided in these rules or by statute of the State of Colorado or of the United States.
Rule 1003 Admissibility of Duplicate
A duplicate is admissible to the same extent as an original unless (1) a genuine question is raised as to the authenticity of the original or (2) in the circumstances it would be unfair to admit the duplicate in lieu of the original.
Rule 1004 Admissibility of Other Evidence of Contents
The original is not required, and other evidence of the contents of a writing, recording, or photograph is admissible if:
- Originals lost or destroyed.All originals are lost or have been destroyed, unless the proponent lost or destroyed them in bad faith; or
- Original not obtainable.No original can be obtained by any available judicial process or procedure; or
- Original in possession of opponent.At a time when an original was under the control of the party against whom offered, he was put on notice, by the pleadings or otherwise, that the contents would be a subject of proof at the haring, and he does not produce the original at the hearing; or
- Collateral matters.The writing, recording, or photograph is not closely related to a controlling issue.
The contents of an official record, or of a document authorized to be recorded, or filed and actually recorded or filed, including data compilations in any form, if otherwise admissible, may be proved by copy, certified as correct in accordance with Rule 902 or testified to be correct by a witness who has compared it with the original. If a copy which complies with the foregoing cannot be obtained by the exercise of reasonable diligence, then other evidence of the contents may be given.
Rule 1006 Summaries
The contents of voluminous writings, recordings, or photographs which cannot conveniently be examined in court may be presented in the form of a chart, summary, or calculation. The originals or duplicates, shall be made available for examination or copying, or both, by other parties at reasonable time and place. The court may order that they be produced in court.
Rule 1007 Testimony or Written Admission of Party
Contents of writings, recordings, or photographs may be proved by the testimony or deposition of the party against whom offered or by his written admission, without accounting for the nonproduction of the original.
Rule 1008 Functions of Court and Jury
When the admissibility of other evidence of contents of writings, recordings, or photographs under these rules depends upon the fulfillment of a condition of fact, the question whether the condition has been fulfilled is ordinarily for the court to determine in accordance with the provisions of Rule 104. However, when an issue is raised (a) whether the asserted writing ever existed, or (b) whether another writing, recording, or photograph produced at the trial is the original, or (c) whether other evidence of contents correctly reflects the contents, the issue is for the trier of fact to determine as in the case of other issues of fact.
- Courts.These rules apply to all courts in the State of Colorado.
- Proceedings generally.These rules apply generally to civil actions, the criminal proceedings, and to contempt proceedings, except those in which the court may act summarily.
- Rule of privilege. The rule with respect to privileges applies at all stages of all actions, cases, and proceedings.
- Rules inapplicable.The rules (other than with respect to privileges) do not apply in the following situations:
- Preliminary questions of fact.The determination of questions of fact preliminary to admissibility of evidence when the issue is to be determined by the court under Rule 104.
- Grand jury. Proceedings before grand juries.
- Miscellaneous proceedings. Proceedings for extradition or rendition; preliminary examinations in criminal cases; sentencing, or granting or revoking probation; issuance of warrants for arrest, criminal summonses, and search warrants; and proceedings with respect to release on bail or otherwise.
- Rules applicable in part.In any special statutory proceedings, these rules apply to the extent that matters of evidence are not provided for in the statutes which govern procedure therein.
These rules shall be known and cited as the Colorado Rules of Evidence, or CRE.
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The Colorado Rules of Evidence
H. Michael Steinberg has been a Colorado criminal law specialist attorney for 42 years (as of 2012). For the first 13 years of his career, he was an Arapahoe – Douglas County District Attorney Senior prosecutor. In 1999 he formed his own law firm for the defense of Colorado criminal cases.
In addition to handling tens of thousands of cases in the criminal trial courts of Colorado, he has written hundreds of articles regarding the practice of Colorado criminal law and frequently provides legal analysis on radio and television, appearing on the Fox News Channel, CNN and Various National and Local Newspapers and Radio Stations. Please call him at your convenience at 720-220-2277.
If you have questions aboutColorado Juvenile Mental Health Evaluations in the Denver metropolitan area and throughout Colorado, attorney H. Michael Steinberg will be pleased to answer those questions and will provide quality legal representation to those charged in Colorado with adult and juvenile criminal matters as regards …The Colorado Rules of Evidence.
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- Driving Under the Influence of Alcohol or Drugs (DUI/DUID) / Driving While Ability Impaired (DWAI)
- Driving Under the Influence of Alcohol, Drugs, or Both (DUI / DUI-D), and Driving While Ability Impaired (DWAI) (42-4-1301)
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- The Crime of Felony Vehicular Eluding 18-9-116.5
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- Colorado First Degree Arson 18-4-102
- Colorado Second Degree Arson 18-4-103
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- Colorado Crimes First Degree Assault 18-3-202
- Colorado Crimes Second Degree Assault 18-3-203
- Colorado Third Degree Assault 18-3-204
- Colorado Vehicular Assault (18-3-205)
- A Comprehensive Guide to Understanding Colorado's Second Degree Assault - Strangulation Law 18-3-203
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- Misdemeanor & Felony Child Abuse – 18-6-401
- Understanding Child Abuse Charges Based on the Shaken Baby Syndrome
- Colorado Custodial Interference and Parental Kidnapping Laws
- Colorado University Student Discipline Cases
- Search of a College Dorm Room
- Colorado Criminal Tampering Misdemeanor – First Degree Criminal Tampering (18-4-505)
- Colorado Criminal Tampering Misdemeanor – Second Degree Criminal Tampering (18-4-506)
- The Setting of Bail Bonds in Colorado Domestic Violence and All Other Colorado Criminal Cases
- Domestic Violence Cases Overview
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- Domestic Violence Under the Laws of Colorado
- Major Changes in 2010 to Colorado’s Domestic Violence Laws
- Ten Things to do When Falsely Accused of Sexual Assault, Domestic Violence or Child Abuse
- Why is Daddy in Jail?
- White Collar and Theft, Forgery and Fraud Cases
- Forgery
- Colorado Misdemeanor & Felony Forgery (18-5-105)
- Colorado Misdemeanor & Felony Forgery Possession of a Second Degree Forged Instrument (18-5-107)
- Colorado Misdemeanor & Felony Forgery Possession of Forgery Devices (18-5-109)
- Colorado Misdemeanor & Felony Forgery Criminal Simulation (18-5-110)
- Colorado Misdemeanor & Felony Forgery (18-5-102)
- Colorado Misdemeanor & Felony Forgery (18-5-104)
- Colorado Misdemeanor & Felony Forgery Obtaining Signature by Deception (18-5-112)
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- Colorados Computer Crime Statutory Laws
- Defending Colorado Computer Crime Cases
- When Advocating for Your Child Without a Colorado Criminal Defense Lawyer
- Arrest and Detention Under Senate Bill 94
- Understanding Colorado Juvenile Diversion Programs
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- Federal Juvenile Prosecutions
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- How to Investigate a Juvenile Criminal Case
- Minor in Possession Laws 18-13-122
- Juvenile Rights for Children Accused of a Criminal Offense
- Sealing and Expunging Juvenile Records II
- Juvenile Mental Health Evaluations as They Affect Juvenile Criminal Cases
- Juvenile Sex Crimes Lawyer
- Juveniles Prosecuted as Adults
- Finding the Best Denver Colorado Juvenile Defense Lawyer
- When a Young Person is Charged With a Crime
- Some Questions About Juvenile Law for and About Juveniles
- The Colorado Juvenile Justice System
- Why Should I Retain a Colorado Juvenile Criminal Lawyer?
- Colorado Murder in the First Degree (18-3-102)
- Colorado Murder in the Second Degree (18-3-103)
- Colorado Manslaughter (18-3-104)
- Colorado Felony Vehicular Homicide (18-3-106)
- Colorado Criminally Negligent Homicide (18-3-105)
- Colorado Misdemeanor & Felony Perjury False Swearing (18-8-504)
- Colorado Misdemeanor & Felony Perjury in the First Degree (18-8-502)
- Colorado Misdemeanor & Felony Perjury in the Second Degree (18-8-503)
- Colorado Drug Crimes Possession of Drug Paraphernalia (18-18-428)
- Colorado Sealing of Criminal Records (24-72-308)
- Colorado Drug Crimes Marijuana and Marijuana Concentrate (18-18-406)
- Colorado Drug Crimes Schedule V (18-18-207)
- Colorado Drug Crimes Unlawful Distribution, Manufacturing, Dispensing, Sale or Possession (18-18-405)
- Colorado Drug Crimes Unlawful Use of a Controlled Substance (18-18-404)
- Colorado Drug Crimes Cultivation of Marijuana (18-18-406)
- Choosing a Colorado Drug Crimes Defense Lawyer
- Changes to Colorado’s Medical Marijuana Laws
- Defending Drug Crime Prosecution - Part 1
- Defending Drug Crime Prosecution - Part 2
- Understanding the Complexity of Sealing Colorado Drug Related Convictions After the New 2011 Law
- Colorado Drug Crimes
- Drug Crimes: 2010 Law Update
- Drug Laws 2010 Changes Medical Marijuana Laws
- Allows the Sealing of Certain Drug Convictions
- Frequently Asked Questions About Drug Crimes
- Colorado Prescription Fraud Cases
- The Laws are Tough
- Drug Tests
- Resources for Colorado and Federal Drug Charges
- Sex Crimes Defense
- Sexual Assault
- Colorado Felony Sexual Crimes Aggravated Incest (18-6-302)
- Colorado Felony Sexual Crimes Failure to Register as a Sex Offender (18-3-412.5)
- Colorado Felony Sexual Crimes Incest (18-6-301)
- Colorado Felony Sexual Crimes Indeterminate Sentence for Sex Offenders (18-1.3-1004)
- Colorado Criminal Law Sexual Assault (18-3-402)
- Colorado Felony Sexual Crimes Unlawful Sexual Contact (18-3-404)
- Colorado Felony Sexual Crimes Sexual Assault on a Child (18-3-405)
- Colorado Felony Sexual Crimes Sexual Assault on a Child by One in a Position of Trust (18-3-405.3)
- Colorado Felony Sexual Crimes Internet Luring of a Child (18-3-306)
- Colorado Misdemeanor & Felony Internet Sexual Exploitation of a Child (18-3-405.4)
- Colorado Misdemeanor & Felony Criminal Trespass - First Degree Criminal Trespass (18-4-502)
- Colorado Misdemeanor & Felony Criminal Trespass - Second Degree Criminal Trespass (18-4-503)
- Colorado Misdemeanor & Felony Criminal Trespass - Third Degree Criminal Trespass (18-4-504)
- Colorado Misdemeanor & Felony Theft (18-4-401)
- Colorado Misdemeanor & Felony Theft by Receiving (18-4-410)
- Robbery
- Colorado Felony Robbery and Aggravated Robbery (18-4-302)
- Colorado Felony Robbery and Aggravated Robbery (18-4-301)
- First Degree Burglary (18-4-202)
- Second Degree Burglary (18-4-203)
- Third Degree Burglary (18-4-204)
- Possession of Burglary Tools (18-4-205)
- Understanding Plea Bargaining – What are the Lowest Possible Felonies? Class Six (6) Felonies in Colorado - Part 2
- Driver’s License Hearings
- Colorado Careless Driving Resulting in Death or Injury (42-4-1402)
Client Reviews
"Mr. Steinberg provided my family with expert handling of my son's case. He took extra time understand the case, to consult with us during the pretrial proceedings, and to support him for a plea agreement. Mr. Steinberg is very knowledge about the law and very professional. He guided us in achieving the best possible outcome for my son. If I am ever in need of law services again, I will certainly have Mr. Steinberg handle my case. l also highly recommend his services to anyone that might be in need of an excellent defense attorney!" Tanya Witt
"I found myself in criminal trouble, that I wasn't guilty of and thanks to Mr. Steinberg's dedication and hard work, right before we we're looking at having to continue on to trial level Mr. Steinberg was able to use his vast knowledge of the law and his many respected years in the system to find a way to show my innocence. After a very unsure and somewhat difficult time for me, this very skilled and knowledgeable attorney was able to find the right path to take to reach a dismissal in my case. For that I can't tell you how much I appreciate his representation and his excellent understanding and helpful personality. He's a great man and an even better attorney but don't misunderstand him, he is an attorney not a therapist. Thanks H." Josh
"Working with Michael Steinberg was a wonderful experience. Truly people need to know that he is a expert in what he does. His personality is compassionate, intellectual, and down to earth. I glean that Michael is fun to be around. In the time I worked with him, it was a pleasure to be around him. As for my case, the outcome was amazing and couldn’t be better. He has made my life more manageable because of the outcome of my case. I’ve worked with other lawyers in the Denver area. He is superior to them all. If you’re in need of a lawyer and you come across Mr. Steinberg look no further he’s going to be the one you need. Thank you again Michael." Renee Taylor
Mr. Steinberg, It has been an honor working with you. I very much appreciated your style, demeanor, patience, and determination. I was well instructed in every step of the court process, and I felt that I received excellent guidance and timely information regarding my case. You have been extremely thoughtful with your time, and I was very impressed with your sensitivity in responding to my requests. Thank you. Anonymous