Everything You Want to Know About the New Domestic Rules
| Publication year | 1995 |
| Pages | 1795 |
1995, August, Pg. 1795. Everything You Want to Know About The New Domestic Rules
New case management, disclosure and discovery rules became effective for domestic relations matters filed on or after July 1, 1995. New Rules 16.2 and 26.2 ("new Rules") apply to all district court actions under Articles 10, 11 and 13 of Title 14 of the Colorado Revised Statutes, including all post-decree and modification matters. These new Rules follow in the footsteps of dramatic changes in the areas of case management and disclosure for civil cases under the Federal and Colorado Rules of Civil Procedure ("C.R.C.P.").(fn1)
Recommendations for the new Rules were proposed by a subcommittee appointed by the Colorado Supreme Court. A public hearing was held on February 24, 1995. They are designed to encourage cooperation and professionalism, to facilitate early settlement and disclosure and to eliminate unnecessary attorney fees and costs. The new Rules include three principal features: (1) enhanced case management; (2) mandatory automatic disclosures; and (3) discovery limitations. This article summarizes the major components of new Rules 16.2 and 26.2. The Appendix to this article, on page 1798, contains the case management/disclosure/ discovery timetable under the new Rules.
Until now, there has been a lack of uniformity for case management and practice procedures in domestic relations cases. The lack of uniformity and lack of ability to anticipate the procedures for presenting a case has caused frustration and often an "ambush-like" approach. New Rule 16.2 has been designed to establish a uniform case management system that is appropriate for domestic relations matters, considering the timing as well as the emotional issues in such cases. Court supervision has been kept to a minimum. New Rule 16.2 applies in all cases, except where both parties are not represented by counsel.
A mandatory settlement meeting is required by Rule 16.2(b) for the parties and their counsel to attempt in good faith to resolve temporary orders. Financial Affidavits must be exchanged. There is no time requirement, as long as the meeting is held prior to the temporary orders hearing. Either party may require that the meeting be held by telephone. It is important to note that if a settlement meeting is not held, the court may not hear temporary orders or may reset the hearing to allow compliance. Counsel will have to certify that a good faith attempt was made to hold the meeting.
Rule 16.2(c) mandates that all aspects of discovery must be initiated so completion may occur thirty days before hearing. The only exception is the custody evaluation report, which is allowed twenty days prior to hearing pursuant to CRS § 14-10-127. Discovery will be allowed for an additional ten days after the receipt of a court-ordered custody or parenting time evaluation. If a post-decree or modification matter is set within sixty days, the discovery time requirements are shortened. Rule 16.2(d)(3) requires discovery to be completed five days prior to the hearing, and the pretrial meeting must occur five days prior as well.
A pretrial meeting is required twenty days before hearing pursuant to Rule 16.2(d)(1). It is preferable to have both parties in attendance, but at a minimum, a party must be available by telephone for consultation during the meeting. The general purpose of the meeting is to address all outstanding issues as well as to develop a Joint Trial Management Certificate for purposes of creating a smooth and efficient process at trial. Rule 16.2(d) (2) requires that the Joint Trial Management Certificate must be filed no later than ten days prior to the date scheduled for hearing. The petitioner's counsel (or the respondent's counsel if the petitioner is...
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