Comments on the Amendments to C.r.c.p. 16: an Opportunity to Enjoy Practicing Law

• Publication year: 2002
• Pages: 23
• Citation: Vol. 31 No. 2 Pg. 23

31 Colo.Law. 23 Colorado Lawyer 2002.

2002, April, Pg. 23. Comments on the Amendments to C.R.C.P. 16: An Opportunity to Enjoy Practicing Law

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Vol. 31, No. 2, Pg. 23

The Colorado Lawyer
April 2002
Vol. 31, No. 4 [Page 23]

Features

Comments on the Amendments to C.R.C.P. 16: An Opportunity to Enjoy Practicing Law
by Doris B. Truhlar

Robert J. Truhlar, Littleton, is a partner with the firm of Truhlar and Truhlar LLP, and has been nominated as president of the Colorado Bar Association in 2003?(303) 794-2404

Tired of the same old, same old? Then try civil litigation in a few months under the new amendments to Colorado Rules of Civil Procedure ("C.R.C.P." or "Rule") Rule 16, relating to case and trial management.1 It's refreshing! Now, I'm not going to try and sell you lemonade made out of litigation, but the new amendments to Rule 16 may allow us all to better enjoy the practice of our profession, especially as it relates to case management

On February 13, 2002, after a public hearing on proposed changes, the Colorado Supreme Court adopted significant amendments to C.R.C.P. 16 that will become effective July 1, 2002 (see the new rule in this issue of The Colorado Lawyer).2Under the existing rule, a written Case Management Order must include any and all issues, whether disputed or undisputed. These proposed orders must be filed by the parties and submitted to the court. This rule will be replaced. Under the new Rule 16, if the parties, through at least one attorney, agree to the presumptions contained in the rule, no proposed order must be filed. There's no extra work when parties agree.

When there is agreement, the new Rule 16 only requires a certification by the responsible attorney that the parties have complied with each aspect of the rule. Failure to comply must be explained to the court. How simple! If the parties certify their compliance, little else must be filed at the case management stage. Lawyers can concentrate on lawyering.

Disputes on the Rule's Presumptions

If the parties have a disagreement on one of the rule's presumptions, such as the amount of discovery allowed under the rules versus what the parties or counsel believe is needed, they have two highly effective options. First, they can stipulate to additional interrogatories, additional depositions, or more time to accomplish some aspect of pretrial preparation. They must...