Colorado Revised Statutes

Colo. Rev. Stat. § 13-90-101 (2026)

Who may testify - interest

✓ current as of July 2026

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All persons, without exception, other than those specified in sections 13-90-102 to 13-90-108 may be witnesses. Neither parties nor other persons who have an interest in the event of an action or proceeding shall be excluded; nor those who have been convicted of crime; nor persons on account of their opinions on matters of religious belief. In every case the credibility of the witness may be drawn in question, as now provided by law, but the conviction of any person for any felony may be shown for the purpose of affecting the credibility of such witness. The fact of such conviction may be proved like any other fact, not of record, either by the witness himself, who shall be compelled to testify thereto, or by any other person cognizant of such conviction as impeaching testimony or by any other competent testimony. Evidence of a previous conviction of a felony where the witness testifying was convicted five years prior to the time when the witness testifies shall not be admissible in evidence in any civil action.

Source: L. 1883: p. 289, § 1. G.S. § 3647. R.S. 08: § 7266. C.L. § 6555. CSA: C. 177, § 1. L. 41: p. 924, § 1. CRS 53: § 153-1-1. C.R.S. 1963: § 154-1-1.

13-90-102. Testimony concerning oral statements made by person incapable of testifying - when allowed - definitions. (1) Subject to the law of evidence, in any civil action or proceeding in which an oral statement of a person incapable of testifying is sought to be admitted into evidence, each party and person in interest with a party shall be allowed to testify regarding the oral statement if:

(a) The statement was made under oath at a time when such person was competent to testify;

(b) The testimony concerning the oral statement is corroborated by material evidence of a trustworthy nature;

(c) The opposing party introduces uncorroborated evidence of related communications through a party or person in interest with a party; or

(d) Such party or person testifies against his or her own interests.

(2) Questions of admissibility that arise under this section shall be determined by the court as a matter of law.

(3) For purposes of this section:

(a) "Corroborated by material evidence" means corroborated by evidence that supports one or more of the material allegations or issues that are raised by the pleadings and to which the witness whose evidence must be corroborated will testify. Such evidence may come from any other competent witness or other admissible source, including trustworthy documentary evidence, and such evidence need not be sufficient standing alone to support the verdict but must tend to confirm and strengthen the testimony of the witness and show the probability of its truth.

(b) "Person incapable of testifying" means any decedent or any person who is otherwise not competent to testify.

(c) "Person in interest with a party" means a person having a direct financial interest in the outcome of the civil action or proceeding, or having any other significant and non- speculative financial interest that makes the person's testimony, standing alone, untrustworthy. In a proceeding to construe, contest, modify, probate, reform, or rescind a governing instrument, as defined in section 15-10-201 (22), C.R.S., "person in interest with a party" does not include:

(I) An attorney who prepared the governing instrument;

(II) A personal representative who is not a successor of the decedent; or

(III) A person whose only interest is an expectation of just compensation for the value of services to be rendered by the person.

Source: L. 1870: p. 63, § 2. G.L. § 2952. G.S. § 3641. L. 07: p. 629, § 1. R.S. 08: § 7267. L. 11: p. 676, § 1. C.L. § 6556. CSA: C. 177, § 2. CRS 53: § 153-1-2. C.R.S. 1963: § 154-1-2. L. 69: p. 1244, § 1. L. 73: p. 1651, § 23. L. 75: IP(1) amended, p. 925, § 19, effective July 1. L. 77: (1.5) added, p. 822, § 1, effective July 1. L. 81: (1)(a) amended, p. 899, § 1, effective July 1. L. 87: (1)(f) amended, p. 1577, § 20, effective July 10. L. 94: IP(1) and (1)(g) amended, p. 1040, § 19, effective July 1, 1995. L. 2002: Entire section R&RE, p. 31, § 1, effective July 1. L. 2013: Entire section amended, (SB 13-077), ch. 190, p. 766, § 1, effective August 7.

Notes of Decisions

Cited in 112 cases (6 in the last 5 years), 1975–2025 · leading case: People v. Corson, 2016 CO 33 (Colo. 2016).

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People v. Corson, 2016 CO 33 (Colo. 2016). · cites it 6× “1986) (holding juvenile adjudication cannot be used to attack witness’s credibility under section 13-90-101, C.R.S. (1986), because it is not “a felony conviction”).”

Apodaca v. People, 712 P.2d 467 (Colo. 1986). · cites it 28× “The defendant argued to the court that the military conviction did not qualify as a felony under section 13-90-101, 6 C.R.S. (1973), and that it was also obtained in violation of due process of law and was thus constitutionally inadmissible.”

People v. Chavez, 621 P.2d 1362 (Colo. 1981). · cites it 15× “Rather, the basic defect in the Habitual Criminal statute is the intolerable tension it creates between a defendant’s twin constitutional rights to testify in his own defense and to have the prosecution prove each element of the several counts with which he is charged.”

People v. Bradley, 25 P.3d 1271 (Colo. Ct. App. 2001). · cites it 5× “As relevant here, § 13-90-101, C.R.8.2000, provides that: In every case the credibility of the witness may be drawn in question, as now provided by law, but the conviction of any person for any felony may be shown for the purpose of affecting the eredibility of such witness.”

People v. McKenna, 585 P.2d 275 (Colo. 1978). · cites it 8× “Constitutionality of Section 13-90-101, C.R.S. 1973 The appellant next challenges the constitutionality of section 13-90-101, C.”

Fisher v. State Farm Mut. Auto. Ins. Co., 419 P.3d 985 (Colo. Ct. App. 2015). · cites it 9× “Analysis ¶ 69 Section 13-90-101, C.R.S.2014, provides: .”

People v. Corson, 379 P.3d 288 (Colo. 2016). · cites it 3× “1986)(holding juvenile adjudication cannot be used to attack witness's credibility under section 13-90-101, C.R.S. (1988), because it is not "a felony.”

Williams v. Chrysler Ins. Co., 928 P.2d 1375 (Colo. Ct. App. 1996). · cites it 7× “Plaintiffs rely upon § 13-90-101, C.R.S. (1987 RepLVol. 6A) for their proposition that a trial court does not have discretion to disallow a party’s proposed testimony.”

People v. Gallegos, 950 P.2d 629 (Colo. Ct. App. 1997). · cites it 6× “Neither the trial court nor the parties,, at trial or on appeal, addressed whether the evidence was admissible pursuant to § 13-90-101, C.R.S. (1987 Repl.Vol. 6A). We therefore requested supplemental briefing to address that issue.”

People v. Cevallos-Acosta, 140 P.3d 116 (Colo. Ct. App. 2005). · cites it 3× “*127 Section 13-90-101, C.R.S.2005, provides that the “conviction of any person for any felony may be shown for the purpose of affecting the credibility of [a] witness.”

v. People, 2020 CO 79 (Colo. 2020). · cites it 2× “S (2020) (subjecting a convicted felon to potential sentencing as a habitual criminal); § 13-90-101, C.R.S. (2020) (exposing a convicted felon to potential impeachment on the stand based on prior convictions); §§ 12-20-404(1)(d)(I), 12-100-120(1)(e), 44-20-121(3)(c), C.”

Colorado v. Segovia, 196 P.3d 1126 (Colo. 2008). · cites it 4× “Compare § 13-90-101, C.R.S. (2008), with FRE 609.”

Show all 112 citing cases →

— Colo. Rev. Stat. § 13-90-101(1) — 1 case

Averyt v. Wal-Mart Stores, Inc., 302 P.3d 321 (Colo. Ct. App. 2013).

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