Discovery Interrogatories from Defendant to Plaintiff with Production Requests
Note: This summary is not intended to be an all-inclusive
summary of discovery law in Colorado, but does include basic and other
information.
Definitions
Discovery: A procedure designed to allow disclosure
of information between Plaintiffs and Defendants. Written questions,
oral questioning, document production and admissions requests are generally
allowed. Discovery was designed to to prevent trial by ambush.
Interrogatories: Written questions from Plaintiff to
Defendant, or from Defendant to Plaintiff. The questions are mailed
to the Plaintiff, Defendant or the attorney for response in writing.
The answers or responses are usually due between 20-30 days.
Deposition: A procedure where verbal questions are
asked a Plaintiff or Defendant for immediate response. Depositions
are usually recorded by a court reporter, who swears the person to tell
the truth before questioning begins.
Production of Documents: The method of obtaining documents
from the other party relevant to the case such as all documents a party
intends to introduce at trial.
Requests for Admissions: Written questions where you
request the other party to admit or deny some relevant fact.
Objections: Objections may be made to all discovery
questions if the questions are not relevant, or likely to lead to the discovery
of relevant evidence.
Civil Procedure Rules: Virtually all states have adopted
a version of civil procedure rules which include rules dealing with discovery.
Colorado Rules of Civil Procedure
Colorado has adopted the Colorado Rules of Civil Procedure. The
discovery rules also apply in divorce actions. However, the Colorado
Rules of Civil Procedure provide that Rule 26 does not apply to domestic
relations proceedings because of the timing and interrelationship with
Rule 16. Therefore, Rule 16.2 and Rule 26.2 were created to address the
needs of case management and discovery in domestic relations matters. The
differences from Rule 26 are as follows: mandatory disclosures are designed
to provide basic information that is generally required in all domestic
relations cases; the difference in the sequence and timing of the mandatory
automatic disclosures is based on the recognition that many domestic relations
matters are expedited proceedings; discovery limitations have been slightly
increased; and the parties rather than the attorneys are required to sign
the mandatory disclosures to avoid excessive costs in divorce cases.
Duty of Disclosure: This rule will apply in all district
court actions under Articles 10,11, and 13 of Title 14 of the Colorado
Revised Statutes, including all post-decree or modification matters. Except
to the extent otherwise directed by the court, a party shall, without awaiting
a discovery request provide to other parties: a complete financial affidavit;
a complete copy of a personal federal and state income tax returns for
the three years preceding the filing of the petition or post-decree motion;
pay stubs or statements of earnings from all employers for the three months
preceding the filing of the petition or post-decree motion; a complete
copy of federal income tax returns for the three years preceding the filing
of
the petition or post-decree motion for any corporation or business; any
available information relating to a pension, profit sharing, deferred compensation;
and retirement plans. Rule 26.2(a)(1)
Discovery of Expert Testimony: In addition to the disclosures
required by subsection (a)(1) of this Rule, a party shall disclose to other
parties the identity of any person who may present evidence at the hearing,
pursuant to Rules 702, 703, or 705 of the Colorado Rules of Evidence.
Methods to Discover Additional Matters: Parties may obtain
discovery by one or more of the following methods: depositions upon oral
examination or written questions; written interrogatories; production of
documents or things or permission to enter upon land or other property,
pursuant to C.R.C.P. 34; physical and mental examinations; and requests
for admission. Discovery at a place within a country having a treaty with
the United States applicable to the discovery must be conducted by methods
authorized by the treaty except that, if the court determines that those
methods are inadequate or inequitable, it may authorize other discovery
methods not prohibited by the treaty. Rule 26.2(a)(2)
Discovery Scope and Limits: Subject to the limitations and
considerations contained in subsection (b)(2) of this Rule, parties may
obtain discovery regarding any matter, not privileged, which is relevant
to the subject matter involved in the pending action, whether it relates
to the claim or defense of the party seeking discovery or to the claim
or defense of any other party, including the existence, description, nature,
custody, condition, and location of any books, documents, or other tangible
things and the identity and location of persons having knowledge of any
discoverable matter. Rule 26.2(b)(1)
Hearing Preparation (Materials): Subject to the provisions
of subsection (b)(4) of this Rule, a party may obtain discovery of documents
and tangible things otherwise discoverable under subsection (b)(1) of this
Rule and prepared in anticipation of litigation or for the hearing by or
for another party or by or for that other party's representative (including
the party's attorney, consultant, surety, indemnitor, insurer, or agent)
only upon a showing that the party seeking discovery has substantial need
of the materials in the preparation of the case and is unable without undue
hardship to obtain the substantial equivalent of the materials by other
means. In ordering discovery of such materials when the required showing
has been made, the court shall protect against disclosure of the mental
impressions, conclusions, opinions, or legal theories of an attorney or
other representative of a party concerning the litigation. Rule 26.2(b)(3)
Hearing Preparation (Experts): A party may depose any person
who has been identified as an expert whose opinions may be presented at
hearing. Except to the extent otherwise stipulated by the parties or ordered
by the court, no discovery, including depositions, concerning either the
identity or the opinion of experts shall be conducted until after the disclosures
required by subsection (a)(2) of this Rule. Rule 26.2(b)(4)
Sequence of Discovery: Unless the court orders otherwise,
the methods of discovery may be used in any sequence. Rule 26.2(d)
Supplementation of Disclosures and Responses: A party is
under a duty to supplement its disclosures under section (a) of this Rule
when the party learns that in some material respect the information disclosed
is incomplete or incorrect and if the additional or corrective information
has not otherwise been made known to the other parties during the disclosure
or discovery process. Rule 26.2(e)
Signing of Disclosures: Every disclosure made pursuant to
subsections (a)(1) or (a)(2) of this Rule shall be signed by the party.
Rule 26.2(g)
Depositions
Before Whom Depositions May Be Taken: Depositions outside
the State of Colorado shall be taken only upon proof that notice
to take deposition has been given as provided in these rules. The deposition
shall be taken before an officer authorized to administer oaths by the
laws of this state, the United States or the place where the examination
is to be held, or before a person appointed by the court in which the action
is pending. A person so appointed has the power to administer oaths and
take testimony. Rule 28(a)
Stipulations: Unless otherwise directed by
the court, the parties may by written stipulation: (1) provide that depositions
may be taken before any person, at any time or place, upon any notice,
and in any manner and when so taken may be used like other depositions;
and (2) modify other procedures governing the timing of discovery, except
that stipulations extending the time provided in C.R.C.P. Rules 33, 34,
and 36 for responses to discovery may, if they would interfere with any
time set for completion of discovery, for hearing of a motion, or for trial,
be made only with the approval of the court. Rule 29
Interrogatories
Any party may serve upon any other party written interrogatories,
not exceeding the number, including all discrete subparts, set forth in
the Case Management Order, to be answered by the party served or, if the
party served is a public or private corporation, or a partnership, or association,
or governmental agency, by any officer or agent, who shall furnish such
information as is available to the party. Rule 33
Production
To produce and permit the party making the request, or someone acting
on the party's behalf, to inspect and copy any designated documents (including
writings, drawings, graphs, charts, photographs, phono-records, and other
data compilations from which information can be obtained, translated, if
necessary, by the respondent through detection devices into reasonably
usable form), or to inspect and copy, test, or sample any tangible things
which constitute or contain matters within the scope of C.R.C.P. 26(b)
and which are in the possession, custody, or control of the party upon
whom the request is served; or
To permit entry upon designated land or other property in the possession
or control of the party upon whom the request is served for the purpose
of inspection and measuring, surveying, photographing, testing, or sampling
the property or any designated object or operation thereon, within the
scope of C.R.C.P. 26(b). Rule 34
Physical and Mental Examinations of Persons
When the mental or physical condition (including the blood group)
of a party, or of a person in the custody or under the legal control of
a party, is in controversy, the court in which the action is pending may
order the party to submit to a physical or mental examination by a suitably
licensed or certified examiner or to produce for examination the person
in his or her custody or legal control. The order may be made only
on motion for good cause shown and upon notice to the person to be examined
and to all parties and shall specify the time, place, manner, conditions,
and scope of the examination and the person or persons by whom it is to
be made. Rule 35(a)
Requests for Admissions
Subject to the limitations contained in the Case Management Order,
a party may serve upon any other party a written request for the admission,
for purposes of the pending action only, of the truth of any matters within
the scope of C.R.C.P. 26(b) set forth in the request that relate to statements
or opinions of fact or of the application of law to fact, including the
genuineness of any documents described in the request. Rule 36(a)
Compel Discovery
A party, upon reasonable notice to other parties and all persons
affected thereby, may apply for an order compelling disclosure or discovery.
Rule 37(a)
Domestic Actions Discovery Notes
If you require extra time to respond to discovery, you should ask
the other side for an extension in writing. It may also be necessary
to enter an order granting the extension to protect your rights.
Discovery questions are limited in number so select the most important
questions to ask the other side. Don't waste your requests writing
questions that you already know the answer to.
