C.R.S. Section 14-5-316
Special rules of evidence and procedure


(a)

The physical presence of a nonresident party who is an individual in a tribunal of this state is not required for the establishment, enforcement, or modification of a support order or the rendition of a judgment determining parentage of a child.

(b)

An affidavit, a document substantially complying with federally mandated forms, or a document incorporated by reference in any of them, which would not be excluded under the hearsay rule if given in person, is admissible in evidence if given under penalty of perjury by a party or witness residing outside this state.

(c)

A copy of the record of child support payments certified as a true copy of the original by the custodian of the record may be forwarded to a responding tribunal. The copy is evidence of facts asserted in it, and is admissible to show whether payments were made.

(d)

Copies of bills for testing for parentage of a child, and for prenatal and postnatal health care of the mother and child, furnished to the adverse party at least ten days before trial, are admissible in evidence to prove the amount of the charges billed and that the charges were reasonable, necessary, and customary.

(e)

Documentary evidence transmitted from outside this state to a tribunal of this state by telephone, telecopier, or other electronic means that do not provide an original record may not be excluded from evidence on an objection based on the means of transmission.

(f)

In a proceeding under this article, a tribunal of this state shall permit a party or witness residing outside this state to be deposed or to testify under penalty of perjury by telephone, audiovisual means, or other electronic means at a designated tribunal or other location. A tribunal of this state shall cooperate with other tribunals in designating an appropriate location for the deposition or testimony.

(g)

If a party called to testify at a civil hearing refuses to answer on the ground that the testimony may be self-incriminating, the trier of fact may draw an adverse inference from the refusal.

(h)

A privilege against disclosure of communications between spouses does not apply in a proceeding under this article.

(i)

The defense of immunity based on the relationship of husband and wife or parent and child does not apply in a proceeding under this article.

(j)

A voluntary acknowledgment of parentage, certified as a true copy, is admissible to establish parentage of the child.

Source: Section 14-5-316 — Special rules of evidence and procedure, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-14.­pdf (accessed Oct. 20, 2023).

14‑5‑101
Short title
14‑5‑102
Definitions
14‑5‑103
State tribunals and support enforcement agency
14‑5‑104
Remedies cumulative
14‑5‑105
Application of article to resident of foreign country and foreign support proceeding
14‑5‑201
Bases for jurisdiction over nonresident
14‑5‑202
Duration of personal jurisdiction
14‑5‑203
Initiating and responding tribunals of this state
14‑5‑204
Simultaneous proceedings
14‑5‑205
Continuing, exclusive jurisdiction to modify child support order
14‑5‑206
Continuing jurisdiction to enforce child support order
14‑5‑207
Determination of controlling child support order
14‑5‑208
Child support orders for two or more obligees
14‑5‑209
Credit for payment
14‑5‑210
Application of article to nonresident subject to personal jurisdiction
14‑5‑211
Continuing, exclusive jurisdiction to modify spousal-support order
14‑5‑301
Proceedings under article
14‑5‑302
Proceeding by minor parent
14‑5‑303
Application of law of this state
14‑5‑304
Duties of initiating tribunal
14‑5‑305
Duties and powers of responding tribunal
14‑5‑306
Inappropriate tribunal
14‑5‑307
Duties of support enforcement agency
14‑5‑308
Duty of attorney general
14‑5‑309
Private counsel
14‑5‑310
Duties of state information agency
14‑5‑311
Pleadings and accompanying documents
14‑5‑312
Nondisclosure of information in exceptional circumstances
14‑5‑313
Costs and fees
14‑5‑314
Limited immunity of petitioner
14‑5‑315
Nonparentage as defense
14‑5‑316
Special rules of evidence and procedure
14‑5‑317
Communications between tribunals
14‑5‑318
Assistance with discovery
14‑5‑319
Receipt and disbursement of payments
14‑5‑401
Establishment of support order
14‑5‑402
Proceeding to determine parentage
14‑5‑501
Employer’s receipt of income-withholding order of another state
14‑5‑502
Employer’s compliance with income-withholding order of another state
14‑5‑503
Employer’s compliance with two or more income-withholding orders
14‑5‑504
Immunity from civil liability
14‑5‑505
Penalties for noncompliance
14‑5‑506
Contest by obligor
14‑5‑507
Administrative enforcement of orders
14‑5‑601
Registration of order for enforcement
14‑5‑602
Procedure to register order for enforcement
14‑5‑603
Effect of registration for enforcement
14‑5‑604
Choice of law
14‑5‑605
Notice of registration of order
14‑5‑606
Procedure to contest validity or enforcement of registered support order
14‑5‑607
Contest of registration or enforcement
14‑5‑608
Confirmed order
14‑5‑609
Procedure to register child support order of another state for modification
14‑5‑610
Effect of registration for modification
14‑5‑611
Modification of child support order of another state
14‑5‑612
Recognition of order modified in another state
14‑5‑613
Jurisdiction to modify child support order of another state when individual parties reside in this state
14‑5‑614
Notice to issuing tribunal of modification
14‑5‑615
Jurisdiction to modify child support order of foreign country
14‑5‑616
Procedure to register child support order of foreign country for modification
14‑5‑701
Definitions
14‑5‑702
Applicability
14‑5‑703
Relationship of state department of human services to United States central authority
14‑5‑704
Initiation by state department of human services of support proceeding under Convention
14‑5‑705
Direct request
14‑5‑706
Registration of Convention support order
14‑5‑707
Contest of registered Convention support order
14‑5‑708
Recognition and enforcement of registered Convention support order
14‑5‑709
Partial enforcement
14‑5‑710
Foreign support agreement
14‑5‑711
Modification of Convention child support order
14‑5‑712
Personal information - limit on use
14‑5‑713
Record in original language - English
14‑5‑801
Grounds for rendition
14‑5‑802
Conditions of rendition
14‑5‑901
Uniformity of application and construction
14‑5‑902
Transitional provision
14‑5‑903
Severability clause
Green check means up to date. Up to date

Current through Fall 2024

§ 14-5-316’s source at colorado​.gov