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Denver County Court

Final Hearing

RULE 18 – FINAL HEARING

18.1   The hearing of all cases shall be informal, the object being to dispense justice promptly and economically.  The magistrate shall ensure that evidence shall be offered and questioning shall be conducted in an orderly expeditious manner and according to basic notions of fairness.  The magistrate may call and question any witness consistent with the magistrate’s obligation to be an impartial fact finder favoring neither the city nor the defense.

18.2   The order of proceedings at the hearing shall be as follows:

  1. Before commencement of the hearing, the magistrate shall briefly describe and explain the purposes and procedures of the hearing.
  2. The officer shall testify and may present evidence to the facts concerning the alleged infraction.  After such testimony, the magistrate and the defendant or counsel may question the officer.
  3. Thereafter, the defendants may offer sworn testimony and evidence and shall answer questions, if such testimony is offered, as may be asked by the magistrate.
  4. If the testimony of additional witnesses is offered, the order of testimony and the extent of questioning shall be within the discretion of the magistrate.
  5. Upon the conclusion of such testimony and examination, the magistrate may further examine or allow examination and rebuttal testimony and evidence as deemed appropriate.
  6. At the conclusion of all the evidence, the defendant or counsel shall be permitted to make a closing statement.

18.3   The Colorado Rules of Evidence do not apply to hearings under these rules, pursuant to Rule 11, C.R.T.I.