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.