Evidentiary Rules When Interference With Witness

Pursuant to an opinion of the Colorado supreme court, if a party to a criminal case wrongfully procures the unavailability of a witness, that witness's hearsay evidence may be inadmissible. The act provides that such evidence may be admissible as an exception to the hearsay rule if:

• The proponent of the evidence has given reasonable notice of the party's intent to introduce the evidence; and
• The court determines by a preponderance of the evidence that the party intended to and did procure the unavailability of the witness.
  (Note: This summary applies to this bill as enacted.)