Chapter 8 - § 8.1 • PRETRIAL DISCLOSURE

• Jurisdiction: Colorado

§ 8.1 • PRETRIAL DISCLOSURE

Colorado

➢ Rule 26 Disclosures. C.R.C.P. 26(a)(1)(A) requires the parties to disclose the name, address, and telephone number of individuals relevant to the claims and defenses of any party. The witness disclosures must also include a brief description of the specific information that each individual is known or believed to possess. The parties have a continuing duty to disclose information that is incomplete or incorrect in some material respect and has not been made known to the other parties. C.R.C.P. 26(e). Similar disclosures are required under simplified civil procedure actions. C.R.C.P. 16.1(k)(1)(A).

➢ Trial Management Order. In the proposed Trial Management Order, the parties must attach a list of witnesses and indicate whether they "may" or "will" call the witness at trial. The witness list must include contact information for the witnesses, anticipated length of testimony, and, where appropriate, the order in which the parties expect to call their witnesses. C.R.C.P. 16(f)(3)(VI)(A). If a witness will be presented by a method other than live testimony, notice must be provided 28 days prior to trial. A copy of the preserved testimony must be provided to the court. C.R.C.P. 16(f)(3)(VI)(D).
➢ Effect of Pretrial Disclosures and Orders. Sanctions, including witness preclusion, may result if a party fails to provide the disclosure mandated by C. R.C.P. 16 and 26. C.R.C.P. 37(c); Williams v. Continental Airlines, Inc., 943 P.2d 10, 19-20 (Colo. App. 1996). The Trial Management Order controls the course of the trial, but modification or divergence from the Trial Management Order may be permitted if the change could not have been anticipated with reasonable diligence. C.R.C.P. 16(f)(5); see also Francisco v. Cascade Inv. Co., 486 P.2d 447, 449 (Colo. 1971).

Federal

➢ Rule 26 Disclosures. F.R.C.P. 26(a)(1)(A)(i) requires the parties to disclose the name, address, and telephone number of

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