Colorado Legislative Council Staff

NO FISCAL IMPACT

TITLE:            CONCERNING REPEAL OF THE DEAD MAN'S STATUTE.

Summary of Assessment

            The bill repeals the state "dead man's statute". This statute is a rule of evidence that allows declarations of a dead person inadmissable in court when those declarations are offered in support of claims brought by others against the estate of the dead person. The bill would become effective upon signature of the Governor.

            The bill is assessed as having no fiscal impact on state revenues or expenditures. By repealing the statute, the bill allows testimony to be admitted in court when it involves declarations made by a deceased person. According to the Judicial Branch, although such declarations are inadmissable in court, they are often introduced and met with evidentiary objections. The bill would simplify the rules of evidence in probate cases. By allowing testimony on declarations of a deceased person, the amount of time spent on evidentiary objections would decrease. Since the bill only makes a change in the rules of evidence and court procedure, there would not be an impact on the workload of the Judicial Branch or any other agency.

Departments Contacted

            Alternate Defense Counsel     Judicial           State Public Defender