CO · rules
C.R.C.P. 108
Affidavits
An affidavit may be sworn to either within or without this state before any officer
authorized by law to take and certify the acknowledgment of deeds conveying lands. When
any rule of civil procedure requires an affidavit or other sworn declaration, an unsworn
declaration under C.R.S. § 13-27-101 et seq. may be used in its place.
History
Source: Entire rule amended and adopted, effective March 5, 2020. Cross references: For officers authorized to take acknowledgments of deeds, see §§ 24-12-104, 24-12-105, and 38-30-126 to 38-30-135, C.R.S. ANNOTATION Annotator’s note. Since C.R.C.P. 108 is similar to § 373 of the former Code of Civil Procedure, which was supplanted by the Rules of Civil Procedure in 1941, relevant case con- struction of that section has been included in the annotations to this rule. An officer of a foreign jurisdiction admin- istering an oath to an affiant is presumed to be acting within the territorial jurisdiction for which he was appointed. Tucker v. Tucker, 21 Colo. App. 94, 121 P. 125 (1912). That in the caption of an affidavit the venue as laid in Colorado is not sufficient to overcome this presumption. Tucker v. Tucker, 21 Colo. App. 94, 121 P. 125 (1912).
Provenance
- Source
- content.leg.colorado.gov
- Retrieved
- 2026-09-15
- Edition
- 2026-09-15
- Content hash
74bce699271bde85d111b8a01e33c78569ef22a4a5378fb737c61c81260ff630
The link goes to the issuing authority’s own document — the one we read to produce this record. Where a source publishes whole titles rather than sections, your browser may need a moment to jump to the provision.
Unofficial copy of government-published law, reproduced from official sources with full provenance. Not an official publication; verify against official sources before relying on it in a filing. Records in the 'guidance' corpus, and only that corpus, are sub-regulatory (interpretive guidelines, survey procedures) and are not binding law. Validity bounds follow each jurisdiction's declared temporalBasis.