Chapter 28 - § 28.4 • CASE MANAGEMENT

• Jurisdiction: Colorado

§ 28.4 • CASE MANAGEMENT

§ 28.4.1—State Court

Rules 16 and 26 of the Colorado Rules of Civil Procedure specify detailed pretrial procedures; motions deadlines; limits on the number of depositions, interrogatories, and other discovery devices; and discovery scheduling. Pursuant to C.R.C.P. 16(b), no later than 14 days after the case is at issue, parties must confer with each other about the nature and basis of their claims and defenses and discuss matters to be disclosed under C.R.C.P. 26(a)(1). The meeting must be "in person, by telephone, or video conference." The case is deemed at issue when all parties have been served and all pleadings permitted by C.R.C.P. 7 have been filed. No later than 28 days after the case is at issue, the parties shall serve their disclosures. See C.R.C.P. 26(a)(1). The parties must prepare a proposed case management order and file it within 42 days after the case is at issue.

The contents of the standard case management order are specified in C.R.C.P. 16(b)(1) through (17). No discovery of any kind is permitted until issuance of the case management order. Discovery must be relevant to the claim or defense of a party and must be proportional to the needs of the case.

Pursuant to C.R.C.P. 16(f), the parties also prepare a trial management order, which must be submitted to the court no later than 28 days prior to trial. The contents and procedures for preparation of the trial management order are specified in C.R.C.P. 16(f). Again, a conference with the judge usually is held only if the parties request one, but is always held in cases involving pro se parties.

Colorado Rule 16.1, Simplified Procedure for Civil Actions

Rule 16.1 for simplified procedures in civil actions generally applies to all civil actions unless expressly excluded by the Rule, or unless a party timely elects to be excluded from the provisions of the Rule. Rule 16 does not apply to actions subject to Rule 16.1 except as specifically stated. Monetary judgments are limited to $100,000, not including attorney fees, against any one party.

Rule 16.1 applies to all civil actions other than (1) class actions, domestic relations, juvenile, mental health, probate, water law, forcible entry and detainer, C.R.C.P. 120, or other similar expedited proceedings; and (2) civil actions in which any party seeks a monetary judgment from any other party of more than $100,000, exclusive of interest, costs, and reasonable attorney fees.

The rule requires early, detailed disclosures of persons, documents, damages, insurance, and experts, and early, detailed disclosure of witnesses' testimony. Each side can take up to six hours total of depositions and can propound up to five requests for production of documents. Generally, no interrogatories or requests for admission are permitted under the simplified procedure. Requests for discovery pursuant to C.R.C.P. 34(a)(2) are permitted, as are examinations pursuant to C.R.C.P. 35. Additional disclosures are required in employment actions. In actions seeking damages for loss of employment, the plaintiff must provide his or her work history for the past 10 years and documents that reflect his or her efforts to find employment since departure from the defendant's employ, and also must provide written authorizations for the defendant to obtain his or her personnel files from all employers within the 10-year period. The employer must produce the employee's personnel file and applicable personnel policies and employee handbooks.

Parties may not simply opt out of Rule 16.1. If a party would like to pursue their case under Rule 16 and not the simplified procedure of Rule 16.1, that party must file a formal motion no later than 42 days after the case is at issue requesting the case be removed from being governed by Rule 16.1. A party whose action is excluded from Rule 16, pursuant to C.R.C.P. 16.1(e), may file a stipulation...