May 20, 2019

Colorado Supreme Court: No Error in Trial Court’s Decision Not to Allow Witness to Testify Via Skype

The Colorado Supreme Court issued its opinion in People v. Gutierrez on Monday, September 17, 2018.

Motions to Continue—Abuse of Discretion.

In this interlocutory appeal, the supreme court held that the trial court did not abuse its discretion by denying the People’s request to have their witness testify remotely via Skype. Trial courts have broad discretion to control the manner in which witnesses offer testimony, and a decision to prohibit a witness from testifying is reviewed for an abuse of discretion. Because the trial court worked extensively to accommodate the witness, the People were on notice about the importance of the witness appearing in-person, and because denying the People’s request to allow the witness to testify remotely is not outcome determinative, the court concluded that the trial court did not abuse its discretion.

Summary provided courtesy of Colorado Lawyer.

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