C.R.S. Section 13-25-132
Criminal actions

  • video tape depositions
  • use at trial

(1)

Intentionally left blank —Ed.

(a)

In any criminal action, if the court finds, upon application of the prosecution, that there is substantial risk of physical harm or intimidation of a witness, the court may enter an order that a deposition be taken of that witness’ testimony and that the deposition be recorded and preserved on video tape.

(b)

For the purposes of this section, “intimidation” means to, directly or indirectly, by oneself or through any other person in one’s behalf, make use of any force, violence, restraint, abduction, duress, or forcible or fraudulent device or contrivance, or to inflict or threaten the infliction of any injury, damage, harm, or loss, or in any manner to practice intimidation upon or against any person in order to impede, prevent, or otherwise interfere with the testimony of the witness, or to compel, induce, or prevail upon any witness to give or refrain from giving testimony in any criminal action.

(2)

The prosecution shall apply for the order specified in subsection (1) of this section in writing at least three days prior to the taking of the deposition. The defendant shall receive reasonable notice of the taking of the deposition. The defendant shall have a right to be present and represented by counsel at the deposition.

(3)

Upon timely receipt of the application, the court shall make a preliminary finding regarding whether, at the time of trial, there is likely to be a substantial risk of physical harm or intimidation of a witness. If the court so finds, it shall order that the deposition be taken, pursuant to rule 15 (d) of the Colorado rules of criminal procedure, and preserved on video tape. The prosecution shall transmit the video tape to the clerk of the court in which the action is pending.

Source: Section 13-25-132 — Criminal actions - video tape depositions - use at trial, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-13.­pdf (accessed Oct. 20, 2023).

13‑25‑101
Printed statutes - reports of decisions 13‑25‑102
United States census bureau mortality table as evidence 13‑25‑104
Proof of handwriting 13‑25‑105
Certificate of register - patent 13‑25‑106
Judicial notice of laws of other jurisdictions 13‑25‑107
Proceedings of cities and towns 13‑25‑108
Evidence of assessment 13‑25‑109
Recording of patents to land 13‑25‑110
Patent - copy of record 13‑25‑111
Patents already recorded 13‑25‑112
Fees of recorder 13‑25‑113
Lost deed - bond - note - affidavit 13‑25‑114
Certificate of publisher 13‑25‑115
Certificate of head officer 13‑25‑116
Water officials’ records 13‑25‑117
Parties plaintiff 13‑25‑118
Joint defendants 13‑25‑119
Dying declarations 13‑25‑120
Corporate resolutions and minutes 13‑25‑121
Reports of death 13‑25‑122
Person missing, interned, or captured 13‑25‑123
Report deemed pursuant to law 13‑25‑124
Libel and slander - how pleaded 13‑25‑125
Justification - pleaded and proved 13‑25‑125.5
Libel and slander - self-publication 13‑25‑126
Genetic tests to determine parentage 13‑25‑126.5
Documents arising from environmental self-evaluation - admissibility in evidence 13‑25‑127
Civil actions - degree of proof required 13‑25‑128
Rules of evidence - grant of authority subject to reservation 13‑25‑129
Statements of a child - hearsay exception 13‑25‑129.5
Statements of persons with intellectual and developmental disabilities - hearsay exception 13‑25‑130
Criminal actions - use of photographs, video tapes, or films of property 13‑25‑131
Civil actions - sexual assault - certain evidence presumed irrelevant 13‑25‑132
Criminal actions - video tape depositions - use at trial 13‑25‑133
Telecommunications devices for the deaf and teletype - inadmissibility in evidence - exception 13‑25‑134
Electronic records and signatures - admissibility in evidence - originals 13‑25‑135
Evidence of admissions - civil proceedings - unanticipated outcomes - medical care 13‑25‑136
Criminal actions - prenatal drug and alcohol screening - admissibility of evidence 13‑25‑137
Admissibility of commercial packaging 13‑25‑138
Victim’s and witness’s prior sexual conduct history - evidentiary hearing - victim’s identity - protective order 13‑25‑139
Criminal action - interference with witness - forfeiture by wrongdoing
Green check means up to date. Up to date

Current through Fall 2024

§ 13-25-132’s source at colorado​.gov