On Wednesday, February 26, 2014, the Colorado State Judicial Branch announced Rule Change 2014(03), amending subsection 10 of Colorado Rule of Evidence 803.
CRE 803 lists hearsay exceptions where the availability of the declarant is immaterial. Subsection 10 addresses the absence of a public record. The changes to Subsection 10 are substantial (see redline of changes below) and the committee comment was also revised to reflect that the changes were made to conform CRE 803 to FRE 803, which was amended in December 2013.
(10) Absence of
public record or entry.
To prove the absence of a record, report, statement, or data compilation, in any form, or the non-occurrence or non-existence of a matter of which a record, report, statement, or data compilation, in any form, was regularly made and preserved by a public office or agency, evidence in the form of a certification in accordance with Rule 902, or testimony, that diligent search failed to disclose the record, report, statement, or data compilation, or entry. (Federal Rule Identical.)
The changes to CRE 803(10) are effective February 18, 2014.
For a complete list of the Colorado Supreme Court’s rules changes, click here.