Colorado Supreme Court Rules Committees, 0921 COBJ, Vol. 50, No. 8 Pg. 66

AuthorRICHARD L. GABRIEL JUSTICE.
PositionVol. 50, 8 [Page 66]

50 Colo.Law. 66

COURT BUSINESS

Vol. 50, No. 8 [Page 66]

Colorado Lawyer

September, 2021

August, 2021

Colorado Supreme Court Rules Committees

RULE CHANGE 2021(14) COLORADO RULES OF PROBATE PROCEDURE AND COLORADO PROBATE CODE FORMS

RICHARD L. GABRIEL JUSTICE.

Rules 40 and 57 Forms 813, 822, 824, 825, 826, 827, 828, 829, 830, 834, 835, 843, 850, 877, 882, 885, 897, 910, 913, 914, 916, 919, 920, 921, 922, 924, 926, 940, 990, and 991

Rule 40. Discovery and Disclosures

(a) This rule establishes the provisions and structure for discovery and disclosures in all proceedings seeking relief under Tide 15, C.R.S. Nothing in this rule will alter the court's authority and ability to direct proportional limitations on discovery or to impose a case management structure or enter other discovery orders. Upon appropriate motion or sua sponte, die court may apply the Colorado Rules of Civil Procedure in whole or in part, may fashion discovery and disclosure rules applicable to specific proceedings, and may apply different discovery and disclosure rules to different parts of the proceeding.

(b) Unless otherwise ordered by the court or stipulated by the parties, the expert disclosure provisions of C.R.C.P. 26(a)(2)(A) and 26(a)(2)(B) apply to proceedings seeking relief under Tide 15, C.R.S. The timing of expert disclosures shall be established by order of the court or stipulation of the parties. The disclosure requirements of C.R.C.P. 26(a)(1) do not apply to probate proceedings unless ordered by the court or stipulated by the parties.

(c) Unless otherwise ordered by the court, the parties may engage in die discovery provided by C .R. C .P. 27 through 36. Any discovery conducted in Tide 15 proceedings prior to the issuance of a case management or other discovery order will be subject to C.R.C.P. 26(a)(4) and (5), and 26(b) through (g). However, due to the unique, expedited and often exigent circumstances in which probate proceedings take place, C.R.C.P. 16,16.1, and 16.2 do not apply to probate proceedings unless ordered by the court or stipulated to by the parties.

(d) C.R.C.P. 37,45, and 121 § 1-12 are applicable to proceedings under Title 15.

(e) Notwithstanding subsections (a) through (c) of this rule, subpoenas and discovery propounded to a respondent in proceedings under Title 15, Article 14, Part 3, must not be permitted without leave of court, or until a petition for appointment...

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