A. Burden, standard of proof

In opposing a Motion to Quash, the party seeking the information has the burden of proving that (1) the information sought is directly relevant to a substantial issue in the case; (2) there are no other reasonable means of obtaining the information; and (3) the interest in obtaining the information outweighs any First Amendment interest of the newsperson. These three elements must be established by a preponderance of the evidence. C.R.S. §§ 13-90-119(3)(a)–(c).