Legal Memorandum: Allowing testimony despite constituting hearsay

Issue: Under Colorado Rule of Evidence 803, when may an out-of-court statement be received as testimony despite constituting hearsay?

Area of Law: Litigation & Procedure, Uncategorized
Keywords: ; Evidence; Hearsay; Exceptions
Jurisdiction: Colorado
Cited Cases: 800 P.2d 1307; 109 P.3d 1009
Cited Statutes: None
Date: 11/01/2015

Georgia Rule 9-11-60 discusses the statutory requirements for setting aside a judgment. It also provides the exclusive means for attacking a judgment. The Rule makes the following provisions:

(a)        Collateral attack. A judgment void on its face may be attacked in any court by any person. In all other instances, judgments shall be subject to attack only by a direct proceeding brought for that purpose in one of the methods prescribed in this Code section.


(b)        Methods of direct attack. A judgment may be attacked by motion for a new trial or motion to set aside. Judgments may be attacked by motion only in the court of rendition.


(c)        Motion for new trial. A motion for new trial must be predicated upon some intrinsic defect which does not appear upon the face of the record or pleadings.


(d)       Motion to set aside. A motion to set aside may be brought to set aside a judgment based upon:


(1)        Lack of jurisdiction over the person or the subject matter;

(2)        Fraud, accident, or mistake or the acts of the adverse party unmixed with the negligence or fault of the movant; or

(3)        A nonamendable defect which appears upon the face of the record or pleadings. Under this paragraph, it is not sufficient that the complaint or other pleading fails to state a claim upon which relief can […]

Subscribe to Litigation Pathfinder

To get the full-text of this Legal Memorandum ... and more!

(Month-to-month and annual subscriptions available)