Colorado § 13-90-108 - Offer taken as consent.

Full text of Colorado Colorado Revised Statutes § 13-90-108 — Offer taken as consent., with citation guidance and answers to common questions.

§ 13-90-108. Offer taken as consent.

The offer of a person of himself as a witness shall be deemed a consent to the examination. The offer of a wife, husband, attorney, clergyman, physician, surgeon, certified public accountant, or certified psychologist as a witness shall be deemed a consent to the examination, within the meaning of section 13-90-107 (1)(a) to (1)(d), (1)(f), and (1)(g).

Source: L. 1883: p. 291, § 4. G.S. § 3650. R.S. 08: § 7275. C.L. § 6564. CSA: C. 177, § 10. CRS 53: §153-1-8. C.R.S. 1963: § 154-1-8. L. 73: p. 1419, § 112.

ANNOTATION

Law reviews. For article, "Attorney-Client Privilege — the Colorado Law", see 12 Colo. Law. 766 (1983).

Express directions concerning the manner in which the protection of § 13-90-107 shall be waived are contained in this section. Weck v. District Court, 158 Colo. 521, 408 P.2d 987 (1965).

An effective waiver requires voluntary action based upon knowledge of consequences. Weck v. District Court, 158 Colo. 521, 408 P.2d 987 (1965).

Stockholders may not waive corporation's privilege. It does not lie within the power of a stockholder, or a minority of stockholders, or a majority of the stockholders to function in such manner as to bring about this statutory waiver. The discretion to waive the protection afforded by the statute can only be exercised by the governing officials of the corporation, namely, the officers or the board of directors Weck v. District Court, 158 Colo. 521, 408 P.2d 987 (1965).

Subsequent employment with corporation does not waive privilege. A witness does not waive his right to claim a privilege by accepting employment by a corporation several years prior to the commencement of an action in which an attempt is made to compel him to testify notwithstanding the privilege created by § 13-90-107(1)(f). Weck v. District Court, 158 Colo. 521, 408 P.2d 987 (1965).

Source: official Colorado text · Last verified 2026-08-27

Frequently Asked Questions About Colorado § 13-90-108

What does Colorado Revised Statutes § 13-90-108 cover?

Section 13-90-108 ("Offer taken as consent.") 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 § 13-90-108?

A common citation format is "Colorado Revised Statutes § 13-90-108" (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 § 13-90-108 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.