APPENDIX 13

• Jurisdiction: Colorado

APPENDIX 13

Comment: This form of initial written discovery concerns the construction of a home's moisture barriers. The underlying claims included claims for both property damage and bodily injury arising from exposure to allegedly toxic mold. These discovery requests mainly concern a single-family home, but some interrogatories and production requests used in multi-family home cases to assist in determining valuation and/or replacement cost also have been included.

DISTRICT COURT, [name] COUNTY, COLORADO [address]	▲ COURT USE ONLY ▲
Plaintiffs: Homeowners Defendants: Builder-Vendor, Subcontractor 1, Subcontractor 2, Subcontractor 3, Subcontractor 4, Subcontractor 5
Attorneys for Plaintiffs: Lawyer: Law Firm: Address: Telephone: Email:	Case Number: Div.:
PLAINTIFFS' FIRST DISCOVERY REQUESTS TO EACH DEFENDANT

Plaintiffs, through their attorneys, [Law Firm], propound the following First Discovery Requests to Each Defendant, to be answered under oath:

I. INSTRUCTIONS

A. Each answer must be as complete and straightforward as the information reasonably available to you permits. If an Interrogatory cannot be answered completely, answer it to the extent possible.

B. Please furnish not only such information or documents, writings, and other tangible things (collectively "Documents") as are available to the particular individual or entity answering these Requests, but also such information and documents as are known to, available to, or in the possession, custody, or control of any employee, representative, or agent of the particular Defendant answering these Discovery Requests, including its accountants, attorneys, insurers, and investigators, unless such information, documents, and writings are claimed to be privileged from discovery.

C. If you object to the production of any information or documents within the scope of these Requests on the grounds of privilege, work-product doctrine, or any other basis, please file and serve within thirty-five (35) days from receipt hereof a written list of information or documents withheld from disclosure or production, identifying each document as follows: date; addressor's or author's name, title, and address; the name and address of each other person to whom a copy of the document was sent or shown; the general character of the document; and the basis of the objection to the production of each document.

D. These interrogatories and requests for production are continuing in accordance with C.R.C.P. 26, 33, and 34. Should any information or documents come to the attention, possession, custody, or control of you or any employee, representative, or agent of yours subsequent to the filing of responses hereto, which information or documents are responsive to any interrogatory or request for production herein, which are not included in your initial response hereto, said additional information or documents should be furnished to the attorneys for Plaintiffs.

E. If you contend that any of the documents requested herein have previously been produced or made available for inspection to Plaintiffs or their employees, agents or representatives, including their accountants, attorneys, and investigators, please serve within thirty-five (35) days from receipt hereof a written list of said documents, identifying each document...