CO · rules

CRE 1101

Applicability of Rules

activein force · 2023-12-01 – presentact-effective-date

(a) Courts. These rules apply to all courts in the State of Colorado.

(b) Proceedings generally. These rules apply generally to civil actions, to criminal

proceedings, and to contempt proceedings, except those in which the court may act

summarily.

actions, cases, and proceedings.

(d) Rules inapplicable. The rules (other than with respect to privileges) do not apply

in the following situations:

(1) 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.

(2) Grand jury. Proceedings before grand juries.

(3) 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.

(e) 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.

History

(Federal Rule Identical.) (Federal Rule Identical.) Editor’s note: The Colorado Rules of Evidence do not apply to hearings under the Colorado Rules for Traffic Infractions. See Rule 11(c), C.R.T.I. COMMITTEE COMMENT The Colorado rule is culled from Rule 81 of the Colorado Rules of Civil Procedure and Rule 1101(e) of the Federal Rules of Evidence. ANNOTATION Grand jury or preliminary hearing. Hear- say, and other evidence which would be incom- petent if offered at trial, is admissible and may well be the bulk of evidence offered to the grand jury or at the preliminary hearing. People v. Gable, 647 P.2d 246 (Colo. App. 1982); People v. Buhrle, 744 P.2d 747 (Colo. 1987). The rules of evidence do not apply to a restitution hearing because restitution is part of the sentencing proceeding, not part of the trial. People v. V asseur, 2016 COA 107, 409 P.3d 516. Applied in Sherman v. District Court, 637 P.2d 378 (Colo. 1981); People v. Bowers, 801 P.2d 511 (Colo. 1990).

Provenance

Source: content.leg.colorado.gov
Retrieved: 2026-09-15
Edition: 2026-09-15
Content hash: 58c34e4fd1c227020aae8328110f269f8e3033de4028755b0d6e447e17ac581e

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