Rule 43.Evidence

Current through June 1, 2026 · Last verified July 10, 2026

In one sentenceRule 43 requires trial testimony to be given orally in open court unless another rule or statute says otherwise, lets a court decide motions on affidavits or depositions instead of live testimony, and sets out how a party can ask to present a witness by telephone or similar means.

Full Text of Rule 43

Text sizeJump to: (a) (b)

(a) Form and Admissibility. In all trials the testimony of witnesses shall be taken orally in open court, unless otherwise provided by these Rules, the Colorado Rules of Evidence, or any statute of this state or of the United States (except the Federal Rules of Evidence).

(b) to (d) [REPEALED]. (e) Evidence on Motions. When a motion is based on facts not appearing of record, the court may hear the matter on affidavits presented by the respective parties, or the court may direct that the matter be heard wholly or partly on oral testimony or depositions. This shall include applications to grant or dissolve an injunction and for the appointment or discharge of a receiver. (f) to (h) [REPEALED].

(i) Absentee Testimony in Civil Proceedings that are Not Residential Eviction Proceedings.

(1) Request for Absentee Testimony. A party may request that testimony be presented at a trial or hearing by a person absent from the courtroom by means of telephone or some other suitable and equivalent medium of communication. A request for absentee testimony shall be made by written motion or stipulation filed as soon as practicable after the need for absentee testimony becomes known. The motion shall include:

(A) The reason(s) for allowing such testimony.

(B) A detailed description of all testimony which is proposed to be taken by telephone or other medium of communication.

(2) Response. If any party objects to absentee testimony, said party shall file a written response within 3 days following service of the motion unless the opening of the proceeding occurs first, in which case the objection shall be made orally in open court at the commencement of the proceeding or as soon as practicable thereafter. If no response is filed or objection is made, the motion may be deemed confessed.

(3) Determination. The court shall determine whether in the interest of justice absentee testimony may be allowed. The facts to be considered by the court in determining whether to permit absentee testimony shall include but not be limited to the following:

(A) Whether there is a statutory right to absentee testimony.

(B) The cost savings to the parties of having absentee testimony versus the cost of the witness appearing in person.

(D) The availability of the witness to appear personally in court.

(E) The relative importance of the issue or issues for which the witness is offered to testify.

(F) If credibility of the witness is an issue.

(G) Whether the case is to be tried to the court or to a jury.

(H) Whether the presentation of absentee testimony would inhibit the ability to cross examine the witness.

(I) The efforts of the requesting parties to obtain the presence of the witness. If the court orders absentee testimony to be taken, the court may issue such orders as it deems appropriate to protect the integrity of the proceedings. (j) Absentee Testimony in Residential Eviction Proceedings. Remote appearances in residential eviction proceedings are governed by C.R.S. § 13-40-113.5.

End

Amendment History

Amended March 17, 1994, effective July 1, 1994. Amended effective October 20, 2005; January 1, 2006. Amended November 6, 2025, effective December 1, 2025.

Plain-English Summary

Rule 43 starts with a preference for live testimony: witnesses take the stand and testify in open court unless the Colorado Rules of Evidence, a statute, or another rule says otherwise. Several of the rule's original subsections have been repealed over the years because the Colorado Rules of Evidence now cover the same ground.

When a motion turns on facts outside the existing record, Rule 43 lets the court decide the motion on affidavits, or direct that the matter be heard in full or in part through oral testimony or depositions instead. This applies to requests to grant or dissolve an injunction and to requests to appoint or discharge a receiver.

The rule also covers absentee testimony by telephone or a similar medium in civil proceedings other than residential evictions. A party must ask by written motion or stipulation, explain the reason for the request, describe the testimony, and attach any documents that will come up during that testimony. An objecting party has 3 days after service of the motion to respond in writing, or must object out loud at the start of the proceeding if it begins first; without a timely response, the court may treat the motion as confessed. The court then weighs a list of factors, from cost savings to whether cross-examination would suffer, before deciding whether to allow the testimony. Remote appearances in residential eviction cases follow a separate statute rather than this rule.

Frequently Asked Questions

Does Rule 43 require every witness to testify in person?

The default is yes: testimony is taken orally in open court, but the rule yields when the Colorado Rules of Evidence, a statute, or another procedural rule allows something different, such as testimony by affidavit or deposition.

Can a court decide a motion without live testimony?

Yes. When a motion depends on facts not already in the record, the court may hear it on affidavits, or order that it be heard in full or in part through oral testimony or depositions, including motions to grant or dissolve an injunction or to appoint or discharge a receiver.

How does a party request testimony by telephone?

The party files a written motion or stipulation as soon as practicable, stating the reasons for the request, describing the proposed testimony in detail, and attaching copies of any documents or reports that testimony will reference.

What happens if no one objects to a request for absentee testimony?

An objecting party must respond in writing within 3 days of service of the motion, or object orally at the start of the proceeding if it begins first. If no response or objection is made, the court may treat the request as confessed.

Source & verification. The rule text is reproduced verbatim from the official Colorado Rules of Civil Procedure (Colo. R. Civ. P. 43). Prescribed by the Supreme Court of Colorado (C.R.S. § 13-2-108; Colo. Const. art. VI). The plain-English summary is original and written by us. Last verified July 10, 2026. · Official source

Also known as: testimony by telephone in courtabsentee witness testimonyevidence on a motionaffidavits instead of live testimonyremote testimony requestoral testimony requirement