Colorado Streamlines Civil Procedure for Business Cases
Moss, Edward C., Judicature
Business cases filed in five metropolitan-Denver area courts will be subject to new civil procedure rules designed to reduce the time and expense of litigation. Colorado's two-year Civil Access Pilot Project (CAPP), which begins in January, will focus on early man dato 17 disclosures of information, early and ongoing judicial involvement, and tailored discovery.
Under the CAPP rules, within 21 days of presenting a claim for relief, the party making the claim must file a list of all persons with information related to the claim, a description of the information held by each person (regardless whether it is helpful or harmful) and a description of all documents related to the claims. A responsive pleading is due only after the claiming party's initial disclosures. A defending party must make similar disclosures within 21 days of the responsive pleading. Specific sanctions are mandatory if a party fails to make adequate disclosures.
At an early case management conference, the parties and trial judge determine the extent of discovery, based on the overarching goal that discovery be "proportionate to the needs of the case." Expert witness depositions and other expert discovery are prohibited. …