Paternity Presumption Rebuttal Colorado

how do i add into this stating I have submitted a request to the state dept of vital records to prove he didnt sign however its still pending

To the Honorable Court, COMES NOW the petitioner respectfully moves this Court for a new trial pursuant to Colorado Rules of Civil Procedure (C.R.C.P. ) * and *(b)(*). This motion is based on the grounds of fraud, misrepresentation, and newly discovered evidence, which materially affected the outcome of the original trial. Specifically, the respondent, Mr.Olive, lied about signing a Voluntary Acknowledgment of Paternity (VOP) and about knowing he was not the father, raising significant credibility concerns *-*-*.*. When determination of parentage is final - modifications - exceptions..*. In support of this motion, Petitioner states as follows: *. Grounds for New Trial: Petitioner seeks a new trial on the grounds of newly discovered evidence and fraud, specifically that the respondent, Olive, lied about signing a Voluntary Acknowledgment of Paternity (VOP) and about knowing he was not the father of the child in question. This false testimony significantly impacts the credibility of the respondent and the integrity of the trial proceedings. *. Newly Discovered Evidence: Under C.R.C.P. *(d)(*), a new trial may be granted for newly discovered evidence that is material and could not have been discovered with reasonable diligence before the trial. The evidence that Mr. Olive lied about signing the VOP and knew he was not the father was not available to the Petitioner during the trial and has only recently come to light C.R.C.P. *, New Trials; Amendment of Judgments., Buchanan v. Burgess, * Colo. *. *. Fraud and Misconduct: According to *-*-*. Presumption of paternity., an acknowledgment of parentage may be challenged in court on the basis of fraud. The respondent's false testimony constitutes fraud, as he knowingly misrepresented his acknowledgment of paternity, which directly influenced the court's determination of parentage *-*-*. Presumption of paternity.. *. Credibility Concerns: The credibility of the respondent is crucial in paternity cases. The newly discovered evidence that Olive lied about his acknowledgment of paternity raises significant concerns about his overall credibility and the fairness of the trial. This aligns with the principles outlined in People v. McNeely, * P.3d *, where the court emphasized the importance of credibility and the potential impact of false testimony on the trial's outcome People v. McNeely, * P.3d *. *. Legal Standard: The motion for a new trial is supported by affidavits as required by C.R.C.P. *(d) and Colo. Crim. P. *(c). These affidavits detail the newly discovered evidence and the circumstances under which it was obtained, demonstrating due diligence and the materiality of the evidence to the case C.R.C.P. *, New Trials; Amendment of Judgments., Colo. Crim. P. *, New Trial.. WHEREFORE, Petitioner respectfully requests that this Court grant a new trial based on the newly discovered evidence of the respondent's false testimony and the resulting credibility concerns, in the interest of justice. Respectfully submitted,

should i add in ive requested affidavits from UCHealth Memorial Hospital Central that detail if a couple is married they dont and wouldnt have an acknowledgement of paternity filed

can you explain why in colorado the acknowledgment of paternity would not be filed

how would you put that in the motion

in paternity cases is it considered a trial or something else?

if the marriage was invalid how can the paternity presumption be rubuted

yes

what case law can be used for this?

what case law can be used for if the marriage was invalid how can the paternity presumption be rubuted

yes

how are those cases valid?

where in those cases does it say that?

yes

yes