Colo. R. Evid. 801 (2026)

The following definitions apply under this article:

(a) Statement. A “statement” is (1) an oral or written assertion or (2) nonverbal conduct of a person, if it is intended by the person to be communicative.

(b) Declarant. A ‘‘declarant’’ is a person who makes a statement.

(Federal Rule Identical.)

(c) Hearsay. ‘‘Hearsay’’ is a statement other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted.

(Federal Rule Identical.)

(d) Statements Which Are Not Hearsay. A statement is not hearsay if--

(1) Prior Statement by Witness. The declarant testifies at the trial or hearing and is subject to cross-examination concerning the statement, and the statement is (A) inconsistent with the declarant witness’s testimony, or (B) consistent with the declarant witness’s testimony and is offered to rebut an express or implied charge against the declarant witness of recent fabrication or improper influence or motive, or (C) one of identification of a person made after perceiving the person, or

(2) Admission by party-opponent. The statement is offered against a party and is (A) the party’s own statement in either an individual or a representative capacity, or (B) a statement of which the party has manifested an adoption or belief in its truth, or (C) a statement by a person authorized by the party to make a statement concerning the subject, or (D) a statement by the party’s agent or servant concerning a matter within the scope of the agency or employment, made during the existence of the relationship, or (E) a statement by a co-conspirator of a party during the course and in furtherance of the conspiracy. The contents of the statement shall be considered but are not alone sufficient to establish the declarant’s authority under subdivision (C), the agency or employment relationship and scope thereof under subdivision (D), or the existence of the conspiracy and the participation therein of the declarant and the party against whom the statement is offered under subdivision (E).

(Federal Rule Substantially Identical, Except as to Rule 801(d)(1)(A).)

COMMITTEE COMMENT

The last sentence of this Rule was added to track a corresponding change in F.R.E. 801(d)(2).

Source: (d)(2) amended and committee comment added November 25, 1998, effective January 1, 1999.

Amended by Rule Change 2025(05), adopted January 16, 2025, effective immediately.