- Any provision of the law to the contrary notwithstanding and except as provided in subsection (2) of this section, the burden of proof in any civil action shall be by a preponderance of the evidence. The provisions of this subsection (1) shall not apply to the burden of proof required in determining the validity of any legislative enactment.
- Exemplary damages against the party against whom the claim is asserted shall only be awarded in a civil action when the party asserting the claim proves beyond a reasonable doubt the commission of a wrong under the circumstances set forth in section 13-21-102. Nothing in this subsection (2) shall be construed as preventing a party asserting the claim from being awarded money damages or other appropriate relief, other than exemplary damages, if he sustains the burden of proof by a preponderance of the evidence.
- (Deleted by amendment, L. 95, p. 15 , § 5, effective March 9, 1995.)
- This section became effective July 1, 1972, and applies only to civil actions which accrue on or after such date.
Source: L. 71: p. 579, § 1. C.R.S. 1963: § 52-1-28. L. 72: pp. 317, 318, §§ 1, 2. L. 95: (1) and (3) amended, p. 15, § 5, effective March 9.