Colorado § 13-90-105 - Incompetent not restored by release.
Full text of Colorado Colorado Revised Statutes § 13-90-105 — Incompetent not restored by release., with citation guidance and answers to common questions.
§ 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.
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).
Source: official Colorado text · Last verified 2026-08-27
Frequently Asked Questions About Colorado § 13-90-105
What does Colorado Revised Statutes § 13-90-105 cover?
Section 13-90-105 ("Incompetent not restored by release.") is part of the Colorado Revised Statutes, the codified statutory law of Colorado. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Colorado § 13-90-105?
A common citation format is "Colorado Revised Statutes § 13-90-105" (Colorado). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Colorado law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Colorado official source linked on this page or consult a licensed Colorado attorney.
How does Colorado § 13-90-105 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Colorado can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Colorado.