2021 Colorado Code
Title 13 - Courts and Court Procedure
Article 90 - Witnesses
Part 1 - General Provisions
§ 13-90-105. Incompetent Not Restored by Release
In any civil action, suit, or proceeding, no person who would, if a party thereto, be incompetent to testify therein under the provisions of section 13-90-102 shall become competent by reason of any assignment or release of his claim made for the purpose of allowing such person to testify.
History. Source: L. 1870: P. 65, § 7. G.L. § 2957. G.S. § 3644. R.S. 08: § 7270. C.L. § 6559. CSA: C. 177, § 5. CRS 53: § 153-1-5. C.R.S 1963: § 154-1-5. L. 77: Entire section amended, p. 293, § 6, effective May 26. History. Source: L. 1870: P. 65, § 7. G.L. § 2957. G.S. § 3644. R.S. 08: § 7270. C.L. § 6559. CSA: C. 177, § 5. CRS 53: § 153-1-5. C.R.S 1963: § 154-1-5. L. 77: Entire section amended, p. 293, § 6, effective May 26.
ANNOTATION
Effect of this section is to bar party in interest from disclaiming interest in the lawsuit in order to establish competency as a witness. In re Estate of Gardner, 31 Colo. App. 361, 505 P.2d 50 (1972).
This heir, despite disclaimer of interest, may not testify as to mental incompetency of deceased. Caveator and heir, who would take if attack on will was successful, could not, in view of dead man's statute objection, testify as to the alleged mental incompetence of testator at time will is executed, notwithstanding caveator's disclaimer of any interest in the estate. In re Estate of Gardner, 31 Colo. App. 361, 505 P.2d 50 (1972).
