Evidence Chapter - Annual Survey 2010 Out of Stock
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Title: 2010 Annual Survey of Law
Chapter: Evidence
Chapter: Evidence
Author: Laura Trask Schneider
Format: Print On-Demand
The 2010 Annual Survey of Colorado Law is written by top lawyers in their fields and covers many of the most critical areas of Colorado law and practice. The Annual Survey is an important resource to help you stay current with legal updates and trends.
CBA-CLE - Your Connection to Colorado Law
In 2010, the Colorado appellate courts addressed evidentiary issues in approximately 25 cases. Of the 25 cases, most focused on previously discussed and analyzed issues regarding the admissibility of res gestae evidence or the admissibility of “other acts” under People v. Spoto, 795 P.2d 1314, 1318 (Colo. 1990),
analysis; however, the case of Maloney v. Brassfield, 2010 Colo. App. LEXIS 1349 (Sept. 16, 2010), addresses a matter of first impression in Colorado — the “clock trial.” A clock trial is the increasingly popular procedure employed by trial courts to limit the time each party has to present all evidence in his or her respective case-in chief.
Trial courts have justified the use of clock trials under CRE 102 (“[t]hese rules shall be construed to secure . . . elimination of unjustifiable expense and delay”) and CRE 611(a) (“[t]he court shall exercise reasonable control over . . . present[ation of] evidence so as to . . . avoid needless consumption of time”). In Maloney, the Colorado Court of Appeals has ruled that clock trials are permissible if certain criteria are met and followed by the trial court in enforcing the time limits set. An analysis of these criteria, as well as the other significant evidentiary cases of 2010, is contained in this chapter.
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