Colorado Revised Statutes

Colo. Rev. Stat. § 13-25-113 (2026)

Lost deed - bond - note - affidavit

✓ current as of July 2026
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When, in the progress of any suit in any court in this state, either party thereto relies for its maintenance or defense, in whole or in part, on any deed, bond, note, draft, bill of exchange, letter, or any other writing alleged to have been executed, signed, or written by the adverse party, and to have been lost or destroyed, the party so relying on the same as evidence in his behalf in the trial of the cause shall not be permitted to give evidence of the contents thereof by a competent witness until said party or his agent or attorney first makes an oath to the loss or destruction thereof, and to the substance of the same.

Source: L. 1870: p. 73, § 1. G.L. § 1085. G.S. § 1321. R.S. 08: § 2502. C.L. § 6548. CSA: C. 63, § 14. CRS 53: § 52-1-14. C.R.S. 1963: § 52-1-14.

Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 1989–2025 · leading case: Decker v. Browning-Ferris Indus. of Colorado, Inc., 903 P.2d 1150 (Colo. Ct. App. 1995).
Decker v. Browning-Ferris Indus. of Colorado, Inc., 903 P.2d 1150 (Colo. Ct. App. 1995). · cites it 2× “In addition, § 13-25-113, C.R.S. (1987 Repl.Vol. 6A) further supports the admission of the evidence here.”
In Re the Marriage of Fifield, 776 P.2d 1167 (Colo. Ct. App. 1989). · cites it 2× “The lost document statute, § 13-25-113, C.R.S. (1987 RepLVol. 6A), provides that, when either party to a suit “relies for its maintenance or defense .”
Est. of Bove (Colo. Ct. App. 2025). · cites it 5× “” § 13-25-113, C.R.S. 2025. It does not preclude a party from relying on a document it produces and introduces at the hearing simply because there is a dispute over the document’s authenticity.”
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