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TCL > January 2004 Issue > Court Business

The Colorado Lawyer
January 2004
Vol. 33, No. 1 [Page  107]

© 2004 The Colorado Lawyer and Colorado Bar Association. All Rights Reserved.

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From the Courts
Court Business

Court Business

Colorado Supreme Court Rules Committee

Corrective Order to Rule Change #2003(18)
Colorado Rules for Magistrates
Chapter 35. Rule 6. Functions of District Court Magistrates

The rule change executed on November 6, 2003 affected only (b)(1) and (2).

At the end of the original rule change, it read:
(c) – (e) [No Change]

It should read:
(c) – (f) [No Change]

Corrected on November 18, 2003, effective immediately.

By the Court:

Rebecca Love Kourlis
Justice, Colorado Supreme Court

 

Rule Change #2003(18)
Colorado Rules for Magistrates
Chapter 35. Rule 6. Functions of District Court Magistrates
Amended and Adopted

 

The following rule is amended and adopted as of November 6, 2003:

Rule 6. Functions of District Court Magistrates.

(a) [No Change]

(b) Functions in Family Law Cases:
(1) A district court magistrate shall have the power to preside over all proceedings arising under Titles 14 and 26, except that a district court magistrate may not hear contested permanent orders without the consent of the parties.
(2) A family law magistrate, as defined in 13-5-301(1) and so designated by the chief judge of the district may perform any or all of the duties specified in C.R.S. sections 13-5-301 to -305.
(c) – (e) [No Change]

Amended and adopted by the Court, En Banc, November 6, 2003, effective immediately.

By the Court:

Rebecca Love Kourlis
Justice, Colorado Supreme Court

 

Rule Change #2003(19)
The Colorado Rules of Civil Procedure
Chapter 2. Rule 8. General Rules of Pleading
Rule 10. Form and Quality of Pleadings, Motions and Other Documents
Rule 16. Case Management and Trial Management
Rule 16.1. (New) Simplified Procedure for Civil Actions
Amended and Adopted

Amended and Adopted by the Court, En Banc, November 6, 2003, effective July 1, 2004. Justice Rice would not adopt the rule.

 

The Colorado Rules of Civil Procedure
Chapter 4. Rule 26.3.
Repealed

By the Court:

Mary J. Mullarkey
Chief Justice, Colorado Supreme Court

 

Chapter 2
Pleadings and Motions

Rule 8. General Rules of Pleading


(a) Claims for Relief. A pleading which sets forth a claim for a relief whether an original claim, counterclaim, cross-claim, or a third-party claim, shall contain: (1) If the court is of limited jurisdiction, a short and plain statement of the grounds upon which the court’s jurisdiction depends; (2) a short and plain statement of the claim showing that the pleader is entitled to relief; and (3) a demand for judgment for the relief to which the pleader claims to be entitled. No dollar amount shall be stated in the prayer or demand for relief. Relief in the alternative or of several different types may be demanded. Each claiming party shall designate in its first pleading whether the case is subject to or exempt from Simplified Procedure under C.R.C.P. 16.1 by using the caption form required by C.R.C.P. 10(d)(2)(III).
(b) – (f) [No Change]

 

Rule 10. Form and Quality of Pleadings, Motions and Other Documents

(a) – (d)(2)(II) [No Change]
(III) Case Caption Information:
All documents shall contain the following information arranged in the following order, as illustrated by paragraphs (e) and (f) of this rule, except that documents issued by the court under the signature of the clerk or judge should omit the attorney section as illustrated in paragraphs (e)(2) and (f)(2). Individual boxes should separate this case caption information; however, vertical lines are not mandatory.

On the left side:
Court name and mailing address.
Name of parties.
Name, Address, and telephone number of the attorney or pro se party filing the document.
Fax number and e-mail address are optional.
Attorney registration number.
Document title.

On the right side:
An area for “Court Use Only” that is at least 2-1/2 inches in width and 1-3/4 inches in length (located opposite the court and party information).
Case number, division number, and courtroom number (located opposite the attorney information above). Below the division or courtroom number, in a pleading containing claims against another party, the claiming party shall include the following provision:

This case is NOT subject to the simplified procedures for court actions under Rule 16.1 because:

_____This is a class action, domestic relations, juvenile, mental health, probate, water law, forcible entry and detainer, Rule 106 and 120, or other similar expedited proceeding [see C.R.C.P. 16.1(b)(1)].
and/or
_____Claims against any party exceed $100,000 [see C.R.C.P. 16.1(b)(2) and (c)]

(3) – (4) [No Change]
(e) Illustration of Preferred Case Caption Format:
(1) Preferred Caption for documents initiated by a party:

 

[Designation of Court From subsection (g) below]

 

 

 

COURT USE ONLY

 

Plaintiff(s):

[Substitute appropriate party designations & names]
v.

Defendant(s):

Case Number:
Div:
Ctrm:

Attorney or Party Without Attorney
Name:
Address:

Phone Number:
FAX Number:
E-mail:
Atty. Reg. #:

[For a Complaint, Counterclaim or Third- Party Complaint caption, insert in the lower right
portion of the caption the following:]

This case is NOT subject to the simplified
procedures for court actions under Rule 16.1
because:

____ This is a class action, domestic relations,
juvenile, mental health, probate, water law,
forcible entry and detainer, Rule 106
and 120, or other similar expedited
proceeding [see C.R.C.P. 16.1(b)(1)]

and/or

____ Claims against any party exceed $100,000 [see C.R.C.P. 16.1 (b)(2) and (c)]

NAME OF DOCUMENT

(2) [No Change]
(f) Illustration of Optional Case Caption:
(1) Optional Caption for documents initiated by a party:
(2) [No Change]
(g) – (h) [No Change]

 

Rule 16. Case Management and Trial Management

(a) Purpose and Scope.

The purpose of this Rule 16 is to establish a uniform, court-supervised procedure involving case management which encourages professionalism and cooperation among counsel and parties to facilitate disclosure, discovery, pretrial and trial procedures. This Rule shall govern case management in all district court civil cases except as provided herein. This Rule shall not apply to domestic relations, juvenile, mental health, probate, water law, forcible entry and detainer, C.R.C.P. 106 and 120, and other similar expedited proceedings, unless otherwise ordered by the court or stipulated by the parties. This Rule 16 also shall not apply to civil actions that are governed by Simplified Procedure under C.R.C.P. 16.1, except as specifically provided in Rule 16.1. The disclosures and information required to be included in both the Case Management and Trial Management Orders interrelate to discovery authorized by these rules. The right of discovery shall not constitute grounds for failing to timely disclose information required by this Rule, nor shall this Rule constitute a ground for failing to timely disclose any information sought pursuant to discovery.
(b) – (g) [No Change]

 

Rule 16.1. (New) Simplified Procedure for
Civil Actions to be adopted as follows:

(a) Purpose and Summary of Simplified Procedure.

(1) Purpose of Simplified Procedure. The purpose of this rule is to provide maximum access to the district courts in civil actions; to enhance the provision of just, speedy, and inexpensive determination of civil actions; to provide the earliest practical trials; and to limit discovery and its attendant expense.

(2) Summary of Simplified Procedure. Under this Rule, Simplified Procedure generally applies to all civil actions, whether for monetary damages or any other form of relief unless expressly excluded by this Rule or the pleadings, or unless a party timely and properly elects to be excluded from its provisions. This Rule normally limits the maximum allowable monetary judgment to $100,000 against any one party. This Rule requires early, full disclosure of persons, documents, damages, insurance and experts, and early, detailed disclosure of witnesses’ testimony, whose direct trial testimony is then generally limited to that which has been disclosed. Normally, no depositions, interrogatories, document requests or requests for admission are allowed, although examination under C.R.C.P. 34(a)(2) and 35 is permitted.

(b) Actions Subject to Simplified Procedure. This Rule applies to all civil actions other than:

(1) -civil actions that are class actions, domestic relations, juvenile, mental health, probate, water law, forcible entry and detainer, C.R.C.P. 106 and 120, or other similar expedited proceedings, unless otherwise stipulated by the parties; or

(2) -civil actions in which any party seeks a monetary judgment from any other party of more than $100,000, exclusive of interest and costs.

(c) Limitations on Damages. In cases subject to this Rule, a claimant’s right to a monetary judgment against any one party shall be limited to a maximum of $100,000, including any attorney fees, penalties or punitive damages, but excluding interest and costs. The $100,000 limitation shall not restrict an award of non-monetary relief. The jury shall not be informed of the $100,000 limitation. If the jury returns a verdict for damages in excess of $100,000, the trial court shall reduce the verdict to $100,000.

(d) Election for Exclusion from This Rule. This Rule shall apply unless, no later than 35 days after the case is at issue as defined in C.R.C.P. 16(b)(1), any party files a written statement in a pleading or otherwise, signed by the party and its counsel, if any, stating that the party elects to be excluded from the application of Simplified Procedure, set forth in this Rule 16.1. In the event such a statement is filed C.R.C.P. 16 shall govern the action.

(e) Election for Inclusion Under This Rule. In actions excluded by subsection (b)(2) of this Rule, within 45 days after the case is at issue, as defined in C.R.C.P. 16(b)(1), the parties may file a stipulation to be governed by this Rule. In such event, they will not be bound by the $100,000 limitation on judgments contained in section (c) of this Rule.

(f) Case Management Orders. In actions subject to Simplified Procedure pursuant to this Rule, the presumptive case management order requirements of C.R.C.P. 16(b)(1), (2), (3), (5)and(6) shall apply.

(g) Trial Setting. No later than 40 days after the case is at issue, the responsible attorney shall set the case for trial pursuant to C.R.C.P. 121, section 1-6, unless otherwise ordered by the court.

(h) Certificate of Compliance. No later than 45 days after the case is at issue, the responsible attorney shall also file a Certificate of Compliance stating that the parties have complied with all the requirements of sections (f) and (g) of this Rule or, if they have not complied with each requirement, shall identify the requirements which have not been fulfilled and set forth any reasons for the failure to comply.

(i) Expedited Trials. Trial settings, motions and trials in actions subject to Simplified Procedure under this Rule should be given early trial settings, hearings on motions and trials.

(j) Case Management Conference. If any party believes that it would be helpful to conduct a case management conference, a notice to set case management conference shall be filed stating the reasons why such a conference is requested. If any party is unrepresented or if the court determines that such a conference should be held, the court shall set a case management conference. The conference may be conducted by telephone.

(k) Simplified Procedure. Simplified Procedure means that the action shall not be subject to C.R.C.P. 16, 26-33,34(a)(1),34(c) and 36, unless otherwise specifically provided in this Rule, and shall be subject to the following requirements:

(1) Required Disclosures.

(A) Disclosures in All Cases. Each party shall make disclosures pursuant to C.R.C.P. 26(a)(1), 26(a)(4), 26(a)(6), 26(b)(5), 26(c), 26(e) and 26(g), no later than 30 days after the case is at issue as defined in C.R.C.P. 16(b)(1). In addition to the requirements of C.R.C.P. 26(g), the disclosing party shall sign all disclosures under oath.

(B) Additional Disclosures in Certain Actions. Even if not otherwise required under subsection (A), matters to be disclosed pursuant to this Rule shall also include, but are not limited to, the following:

(i) Personal Injury Actions. In actions claiming damages for personal or emotional injuries, the claimant shall disclose the names and addresses of all doctors, hospitals, clinics, pharmacies and other health care providers utilized by the claimant within five years prior to the date of injury, and shall produce all records from those providers or written waivers allowing the opposing party to obtain those records subject to appropriate protective provisions authorized by C.R.C.P. 26(c). The claimant shall also produce transcripts or tapes of recorded statements, documents, photographs, and video and other recorded images that address the facts of the case or the injuries sustained. The defending party shall disclose transcripts or tapes of recorded statements, any insurance company claims memos or documents, photographs, and video and other recorded images that address the facts of the case, the injuries sustained, or affirmative defenses. A party need not produce those specific records for which the party, after consultation pursuant to C.R.C.P. 26(c), timely moves for a protective order from the court;

(ii) Employment Actions. In actions seeking damages for loss of employment, the claimant shall disclose the names and addresses of all persons by whom the claimant has been employed for the ten years prior to the date of disclosure and shall produce all documents which reflect or reference claimant’s efforts to find employment since the claimant’s departure from the defending party, and written waivers allowing the opposing party to obtain the claimant’s personnel files and payment histories from each employer, except with respect to those records for which the claimant, after consultation pursuant to C.R.C.P. 26(c), timely moves for a protective order from the court. The defending party shall produce the claimant’s personnel file and applicable personnel policies and employee handbooks;

(iii) Requested Disclosures. Before or after the initial disclosures, any party may make a written designation of specific information and documentation that party believes should be disclosed pursuant to C.R.C.P. 26(a)(1). The other party shall provide a response and any agreed upon disclosures within 20 days of the request or at the time of initial disclosures, whichever is later. If any party believes the responses or disclosures are inadequate, it may seek relief pursuant to C.R.C.P. 37.

(C) Document Disclosure. Documents and other evidentiary materials disclosed pursuant to C.R.C.P. 26(a)(1) and 16.1(k)(1) shall be made immediately available for inspection and copying to the extent not privileged or protected from disclosure.

(2) Disclosure of Expert Witnesses. The provisions of C.R.C.P. 26(a)(2)(A) and (B), 26(a)(4), 26(a)(6), 26(c), 26(e) and 26(g) shall apply to disclosure for expert witnesses. Written disclosures of experts shall be served by parties asserting claims 90 days before trial; by parties defending against claims 60 days before trial; and parties asserting claims shall serve written disclosures for any rebuttal experts 35 days before trial.

(3) Disclosure of Non-expert Trial Testimony. Each party shall serve written disclosure statements identifying the name, address, telephone number, and a detailed statement of the expected testimony for each witness the party intends to call at trial whose deposition has not been taken, and for whom expert reports pursuant to subparagraph (k)(2) of this Rule have not been provided. For adverse party or hostile witnesses, written disclosure of the expected subject matters of the witness’s testimony, rather than a detailed statement of the expected testimony, shall be sufficient. Written disclosure shall be served by parties asserting claims 90 days before trial; by parties defending against claims 60 days before trial; and parties asserting claims shall serve written disclosures for any rebuttal witnesses 35 days before trial.

(4) Depositions of Witnesses in Lieu of Trial Testimony. A party who intends to offer the testimony of an expert or other witness may, pursuant to C.R.C.P. 30(b)(1)-(4), take the deposition of that witness for the purpose of preserving the witness’ testimony for use at trial. Such a deposition shall be taken at least 5 days before trial. In that event, any party may offer admissible portions of the witness’ deposition, including any cross-examination during the deposition, without a showing of the witness’ unavailability. Any witness who has been so deposed may not be offered as a witness to present live testimony at trial by the party taking the deposition.

(5) Depositions for Obtaining Documents. Depositions also may be taken for the sole purpose of obtaining and authenticating documents from a non-party.

(6) Trial Exhibits. All exhibits to be used at trial which are in the possession, custody or control of the parties shall be identified and exchanged by the parties at least 30 days before trial. Authenticity of all identified and exchanged exhibits shall be deemed admitted unless objected to in writing within 10 days after receipt of the exhibits. Documents in the possession, custody and control of third persons that have not been obtained by the identifying party pursuant to document deposition or otherwise, to the extent possible shall be identified 30 days before trial and objections to the authenticity of those documents may be made at any time prior to their admission into evidence.

(7) Limitations on Witnesses and Exhibits at Trial. In addition to the sanctions under C.R.C.P. 37(c), witnesses and expert witnesses whose depositions have not been taken shall be limited to testifying on direct examination about matters disclosed in reasonable detail in the written disclosures, provided, however, that adverse parties and hostile witnesses shall be limited to testifying on direct examination to the subject matters disclosed pursuant to subparagraph (k)(3) of this Rule. However, a party may call witnesses for whom written disclosures were not previously made for the purpose of authenticating exhibits if the opposing party made a timely objection to the authenticity of such exhibits.

(8) Juror Notebooks and Jury Instructions. Counsel for each party shall confer about items to be included in juror notebooks as set forth in C.R.C.P. 47(t). At the beginning of trial or at such other date set by the court, the parties shall make a joint submission to the court of items to be included in the juror notebook. Jury instructions and verdict forms shall be prepared pursuant to C.R.C.P. 16(g).

(9) Voluntary Discovery. In addition to the disclosures required by this Rule, voluntary discovery may be conducted as agreed to by all the parties. However, the scheduling of such voluntary discovery may not serve as the basis for a continuance of the trial, and the costs of such discovery shall not be deemed to be actual costs recoverable at the conclusion of the action. Disputes relating to such agreed discovery may not be the subject of motions to the court. If a voluntary deposition is taken, such deposition shall not preclude the calling of the deponent as a witness at trial.

(m) Changed Circumstances. In a case governed by this Rule, any time prior to trial, upon a specific showing of substantially changed circumstances sufficient to render the application of Simplified Procedure under this Rule unfair and a showing of good cause for the timing of the motion to terminate, the court shall terminate application of this Rule and enter such orders as are appropriate under the circumstances.

 

United States Bankruptcy Court
District of Colorado

Notice to Attorneys Regarding Redaction of Social Security Numbers

On Monday, November 10, 2003, the bankruptcy judges promulgated General Procedure Order No. 2003–4, In the Matter of Procedures for the Privacy of Court Records Including the Receipt and Safeguarding of Debtors Social Security Numbers. A copy of GPO 2003–4 is available on the Bankruptcy Court’s website, www.colo.us.courts.gov. GPO 2003–4 is effective December 1, 2003.

GPO 2003–4 coincides with changes to Fed.R.Bankr.P. 1007 also effective on December 1, 2003. GPO 2003–4 and the changes to Rule 1007 establish new procedures and forms regarding the manner in which debtors Social Security numbers are submitted to the court. The changes also address how Social Security numbers are displayed in full on the initial notice of the filing of the 341 meeting that is mailed to all creditors, but appear only in redacted form (last four numbers only, i.e., XXX-XX-1234) on all other records of the case that are publicly accessible.

The full Social Security number will be entered into the system by the clerks office or by electronic filers just as it has in the past, but will be automatically displayed in a redacted format via software upgrades to the database operating system. To enable continued entry of the full debtors Social Security numbers into the system, new forms are required to be submitted to the court by the debtor. One of these forms is an update to the Declaration Re: Electronic Filing and is required to be submitted within 10 days after the electronic filing of a new petition. The other, Official Form 21, Statement of Social Security Number, is a nationally prescribed form that must accompany the paper petition at the time of a conventional filing. In the event Official Form 21, Statement of Social Security Number, is not submitted with the paper petition at the time the petition is tendered for conventional filing, the clerk can not properly schedule and send notice of the meeting of creditors required by 11 U.S.C. § 341. In such event, GPO 2003–4 directs that the clerk "shall not accept the petition for filing."

In addition, the Declaration Re: Electronic Filing and Official Form 21, Statement of Social Security Number, will not be filed in the case. Instead, they are to be submitted to the clerk. The clerk will retain them in the official records of the court, but not in the public case files.

Your attention is further directed to paragraph H of GPO 2003–4, which states that it "shall be the responsibility of the filer, and not the Clerk, to redact Social Security Numbers and other personal identifiers such as dates of birth, financial account numbers, and names of minor children in documents they file with the court, including copies of financial documents attached as exhibits to papers tendered for filing with the court." In the event the filer fails to redact all but the last four numbers from these documents, the public records will continue to reflect the entire Social Security number of the debtor.

Dated: November 12, 2003

For the Court:

Bradford L. Bolton,
Clerk

IN THE MATTER OF PROCEDURES FOR THE PRIVACY
OF COURT RECORDS INCLUDING THE RECEIPT
AND SAFEGUARDING OF DEBTORS’
SOCIAL SECURITY NUMBERS

GENERAL PROCEDURE ORDER NUMBER 2003-4

THIS MATTER arises sua sponte upon the need to promulgate procedures on the privacy of court records and public access to electronic court files as necessary to conform to proposed revisions to the Federal Rules of Bankruptcy Procedure submitted to the Congress by the Judicial Conference of the United States, effective December 1, 2003. Accordingly, it is

ORDERED that effective December 1, 2003, the following provisions shall become effective for all petitions, pleadings and other documents filed in bankruptcy cases and adversary proceedings:

A. The amendments to Rule 1007, Fed.R.B.P. shall be applicable to all bankruptcy petitions, pleadings and documents tendered for filing in the Bankruptcy Court for the District of Colorado;

B. All petitions tendered for filing shall contain only the last four digits of individual debtors’ Social Security Numbers provided, however, that in the event a petition is tendered for filing that bears the entire Social Security Number of the Debtor, the Clerk shall file said petition as tendered without taking any action to redact the first five digits of the Social Security Number;

C. All petitions shall be accompanied by the submission, but not the filing, of

1. Official Form 21, Statement of Social Security Number, in conventional paper format only in substantial conformity with Exhibit 1 attached hereto; or

2. For petitions that are filed electronically, the verified Declaration Re: Electronic Filing of Petition, Schedules & Statements, and Statement of Social Security Number in substantial conformity with Exhibit 2 attached hereto;

D. Receipt of the Statement of Social Security Number and the Declaration Re: Electronic Filing of Petition, Schedules & Statements, and Statement of Social Security Number shall be noted on the docket, but shall not be filed in the case nor become part of the case file available for public inspection at the court or over the Internet;

E. The Clerk shall install software provided by the Administrative Office of the U. S. Courts that will permit the debtors’ full Social Security Number to appear on copies of the notice of the meeting of creditors that is mailed to creditors and other interested parties appearing in the Creditors Address Matrix, but will permit only the last four digits of the number to appear on the notice of the meeting of creditors that is attached to the affidavit of service on file with the Court;

F. Wage creditors shall disclose only the last four digits of their Social Security Number on Official Form 10, Proof of Claim;

G. The official caption of all notices, pleadings, documents, notices and orders shall not include any reference to the debtors’ Social Security Number except that

1. Notices of the meeting of creditors that are mailed to creditors shall include the Social Security Number as prescribed in paragraph E. above;

2. Discharges, notices of dismissal, and notices of possible dividend shall include only the last four digits of the debtors’ Social Security Number; and

3. Upon order, any other notice or order shall include only the last four digits of the debtors’ Social Security Number;

H. It shall be the responsibility of the filer, and not the Clerk, to redact Social Security Numbers and other personal identifiers such as dates of birth, financial account numbers, and names of minor children in documents they file with the court, including copies of financial documents attached as exhibits to papers tendered for filing with the court; and

I. When filing the petition electronically, the electronic filer shall include the debtor’s full Social Security Number when opening a case, but shall include only the last four digits on the petition PDF.

IT IS FURTHER ORDERED that in the event the Statement of Social Security Number is not submitted to the Clerk at the time of filing of the petition pursuant to paragraph C.1. above, the meeting of creditors can not be properly scheduled and, therefore, the Clerk shall not accept the petition for filing.

IT IS FURTHER ORDERED that to the extent the Local Bankruptcy Rules, Local Bankruptcy Forms, and Amended General Procedure Order 2001-8 and the Amended Administrative Procedures for Electronic Case Files attached thereto, conflict or are inconsistent with the provisions of this Order, this Order shall take precedence and the requirements of said Local Bankruptcy Rule, Local Bankruptcy Form, Amended General Procedure Order 2001-8 and the Amended Administrative Procedures for Electronic Case Files attached thereto shall not apply.

Dated: November 10, 2003

By the Court:

Sidney B. Brooks, Chief Bankruptcy Judge
A. Bruce Campbell, Bankruptcy Judge
Elizabeth E. Brown, Bankruptcy Judge
Howard R. Tallman, Bankruptcy Judge

 

A Short Explanation of C.R.C.P. Rule 16.1 Amendments

[For Rule changes, see pages 107–111 of this issue of The Colorado Lawyer. To access Rule 16.1 amendments, go to the Supreme Court website at: http://www.courts.state.co.us/"supct/rules/2003ruleschng.htm. Then scroll to Rule Change #2003(19).]

Access to justice for citizens is a core value and responsibility of Colorado lawyers and judges. But, the cost of litigation is often a bar to citizen access to the courts and to obtaining legal representation. The expense of discovery can eat up plaintiff awards or burden successful defendants dearly.

Effective July 1, 2004, new Colorado Civil Rule of Procedure ("C.R.C.P.") Rule 16.1 will introduce simplified procedure into district court civil actions. In those cases subject to the rule, a claimant’s monetary judgment will be limited to $100,000, unless one of the parties opts out of using the simplified procedure, or the parties agree to utilize the simplified procedure for a higher value case—in which instance the $100,000 limitation will not apply.

Simplified procedure places a premium on professional collaboration to make early disclosure of documents, witness testimony, and trial exhibits. No later than 40 days after the case is at issue (all parties have been served and all pleadings permitted by civil C.R.C.P. Rule 7 have been filed), the responsible attorney will request a trial setting.

Except to preserve witness testimony for use at trial or for the purpose of obtaining and authenticating documents from a non-party, depositions cannot be taken, nor can written interrogatories or document production demands be propounded. If a party believes the required disclosures are inadequate, it may request additional response and disclosure; then seek C.R.C.P. Rule 37 relief, if necessary. But, parties may always agree to supplement the simplified procedure by voluntary discovery they tailor together.

C.R.C.P. Rule 10 sets out the form of caption for a party’s initial pleading to show that the particular case is not subject to the simplified procedure. When the rule applies, any party may opt out of the simplified procedure within 35 days after the case is at issue, by filing a written statement signed by the party and, if represented, by its counsel. The C.R.C.P. Rule 16.1 simplified procedure does not apply to a class action, domestic relations, juvenile, mental health, probate, water, forcible entry and detainer, C.R.C.P. 106 and 120, or other similar expedited proceeding.

—Justice Greg Hobbs

______________

The new Rule for Simplified Procedure is largely modeled after pilot Rule 1.1. For a general description of the background and meaning of that rule, see Holme, "Civil Rules 16 and 26: Pretrial Procedure and Discovery Revisited and Revised," 30 The Colorado Lawyer 9 (Dec. 2001).

Watch for a comprehensive article on the new amendments by Richard Holme in the May 2004 issue of The Colorado Lawyer. Also, CBA–CLE will hold a teleseminar on this subject March 15, 2004, and a live program May 26, 2004. Further details will be forthcoming.

© 2004 The Colorado Lawyer and Colorado Bar Association. All Rights Reserved. Material from The Colorado Lawyer provided via this World Wide Web server is protected by the copyright laws of the United States and may not be reproduced in any way or medium without permission. This material also is subject to the disclaimers at http://www.cobar.org/tcl/disclaimer.cfm?year=2004.


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