May 23, 2013

Colorado Supreme Court Amends Three Criminal Procedure Rules

Last week, the Colorado Supreme Court approved three amendments to the Colorado Rules of Criminal Procedure. The changes all deal with allowing electronic transmissions, documentation, and signatures.

Crim. P. 4.2, which concerns arrest warrants without information or complaints, was amended to allow for warrants to be obtained by electronic transmission in addition to by fax.

Crim. P. 41, which concerns search, seizure, and confession, was also amended. Crim. P. 41(c)(3) was amended to allow for application and issuance of a warrants by electronic transmission and documentation in addition to by fax. Electronic signatures are also permissible. Crim. P. 41(f) was amended as well, allowing for electronic documents to be filed with the clerk of court.

Crim. P. 41.1, which concerns court orders for non-testimonial identification, now allows for orders to be issued based on electronic affidavits and signatures. The amendment was made to section (c) of the rule.

The red-line rule changes can be reviewed at State Judicial. Casemaker is also up-to-date on the rule change.

Crim. P. 4.2 – Arrest Warrant Without Information, Felony Complaint, or Complaint”

Crim. P. 41(c)(3) – “Search, Seizure, and Confession: Application for Search Warrant: Application and Issuance of a Warrant by Facsimile or Electronic Transmission.”

Crim. P. 41(f) – “Search, Seizure, and Confession: Return of Papers to Clerk.”

Crim. P. 41.1(c) – “Court Order for Nontestimonial Identification: Basis for Order.”

Colorado Supreme Court Amends Hearsay Evidence Rule

In January, the Colorado Supreme Court amended the Colorado Rules of Evidence hearsay exceptions. A section of C.R.E. 804, which concerns exceptions when the declarant is unavailable, was amended to remain consistent with Federal Rules of Evidence 804. The language of C.R.E. 804(b)(3), regarding statements against interest, was changed to “clarify that corroborating circumstances are required regardless of whether a statement is offered to inculpate or exculpate an accused.”

The red-line rule changes can be reviewed at State Judicial. Casemaker is also up-to-date on the rule change.

C.R.E. 804(b)(3) – “Hearsay Exceptions: Declarant Unavailable: Statement against interest.”

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2013-05-23 04:04:43