1.  Evidence Basics

Just the Facts

 

 

The information you give to the Court is called evidence. 

 

You present facts to the Court in a few ways:

• You ask questions to witnesses about what happened.
• You ask questions to witnesses about documents you provide.
• You give your statement about what happened.

 

Within the Rules

 

 

There are rules to determine if evidence can be considered. 

• The Colorado Rules of Evidence guide that process. 

 

2.  Witnesses

  Questioning Witnesses

Ask Questions at the Hearing

 

 

You will ask questions to your witnesses. Some tips:

• Ask open questions. 
  • Open questions start with who, what, where, when, and why.  
• Start with background questions.
  • Ask questions, so the Court knows who this witness is and how they know you.
• Let your witness finish answering before asking the next question.
• Ask simple, clear, and precise questions.
• Organize your questions ahead of time.

 

You also ask questions of the other party's witnesses. Some tips:

• Ask questions to get the witness to support the facts you present. and/or
• Ask questions that may show this witness is less trustworthy. 
  • This will lessen the impact of facts that do not support your case.
  • You can do this by:
    • Bring into question the witness's memory.
    • Bring into question the witness's truthfulness.
      • Show the witness may be biased. 
      • Show the witness is inconsistent with their story.
• Treat the witness with respect.
• Don't comment on their answer. 

 

Witness Lists

 

List out the people you will call at the hearing on a Witness List. 

• Provide this list to the Court and the other party with your pre-trial statement. 
• Bring copies of the updated list to the hearing. 

 

Note  –   If you do not provide a witness list before the hearing, you may not be able to call any witnesses.

 

Get your Witnesses There

 

You are responsible for making sure your witnesses are at the hearing.

 

If a witness doesn't want to come, you can issue a subpoena through the court. 

• Take the form to the clerk's office. 
• Formally serve (through the sheriff's office or a process server) the subpoena on the witness with the form and a check for their travel expenses. 
  • You will need to pay the witness $.51 per mile round trip from their location to the Courthouse.
    •  See the law: C.R.S. § 13-33-103 and C.R.S. § 24-9-104.
  • You must have service completed within 48 hours of the hearing date on the subpoena.
  • Bring the completed Certificate of Service to the hearing.

 

Witnesses can also just agree to come to the hearing. 

• If so, you may not need a subpoena.

 

3.  Exhibits

  Document Evidence Basics

Common Documents in Family Cases

Review this CLS video for info on:

• Voicemails
• Text Messages & Emails
• Facebook Posts
• Telephone & Financial Records

Organize your Documents 

Exhibit List

 

 

List out the documents you plan to present in an Exhibit List. 

• Provide the exhibit list, and a copy of all the exhibits, as part of the pre-trial packet of materials.
• Bring copies of the updated exhibit list to the hearing.
• Exhibits not provided before the hearing may not be accepted by the Court.

 

Label Exhibits

 

 

Assign each document a letter or number.

• Petitioner or Plaintiff generally uses numbers.
• Respondent or Defendant generally uses letters.

Label each exhibit in the lower-right hand corner of the first page.

 

When to Present Exhibits

 

 

A witness must talk about an exhibit for it to be accepted. 

• Know which witnesses will talk about which exhibits.
• Have your exhibits organized for that witness's testimony.

 

4.  A Note on Hearsay