C.R.C.P. 343 (County Court)

(a) Form and Admissibility. In all trials the testimony of witnesses shall be taken

orally in open court, unless otherwise provided by these rules or any statute of this state or

of the United States excepting the Federal Rules of Evidence.

(b) to (d) Repealed.

(e) Evidence on Motions. When a motion is based on facts not appearing of record

the court may hear the matter on affidavits presented by the respective parties, or the court

may direct that the matter be heard wholly or partly on oral testimony or depositions. This

shall include applications to grant or dissolve an injunction and for the appointment or

discharge of a receiver.

(f) and (g) Repealed.

(h) (1) Request for Absentee Testimony. A party may request that testimony be

presented at a trial or hearing by a person absent from the courtroom by means of

telephone or some other suitable and equivalent medium of communication. A request for

absentee testimony shall be made by written motion or stipulation filed as soon as

practicable after the need for absentee testimony becomes known. The motion shall

include:

(A) The reason(s) for allowing such testimony.

(B) A detailed description of all testimony which is proposed to be taken by telephone

or other medium of communication.

(C) Copies of all documents or reports which will be used or referred to in such

testimony.

(2) Response. If any party objects to absentee testimony, said party shall file a written

response within 7 days following service of the motion unless the opening of the proceeding occurs first, in which case the objection shall be made orally in open court at the

commencement of the proceeding or as soon as practicable thereafter. If no response is

filed or objection is made, the motion may be deemed confessed.

(3) Determination. The court shall determine whether in the interest of justice absentee testimony may be allowed. The facts to be considered by the court in determining

whether to permit absentee testimony shall include but not be limited to the following:

(A) Whether there is a statutory right to absentee testimony.

(B) The cost savings to the parties of having absentee testimony versus the cost of the

witness appearing in person.

(C) The availability of appropriate equipment at the court to permit the presentation of

absentee testimony.

(D) The availability of the witness to appear personally in court.

(E) The relative importance of the issue or issues for which the witness is offered to

testify.

(F) If credibility of the witness is an issue.

(G) Whether the case is to be tried to the court or to a jury.

(H) Whether the presentation of absentee testimony would inhibit the ability to cross

examine the witness.

(I) The efforts of the requesting parties to obtain the presence of the witness.

If the court orders absentee testimony to be taken, the court may issue such orders as it

deems appropriate to protect the integrity of the proceedings.