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Rule Change 2020(26) Colorado Rules of Civil Procedure Rules 26, 106, and 121, §1-14

Rule 26. General Provisions Governing Discovery; Duty of Disclosure

August 17, 2020


(a) [NO CHANGE]
(b) (1)–(3) [NO CHANGE]
(4) Trial Preparation: Experts.
(A) A party may depose any person who has been identified as an expert disclosed pursuant to subsection 26(a)(2) of this Rule whose opinions may be presented at trial. Each deposition shall not exceed 6 hours. On the application of any party, the court may decrease or increase the time permitted after considering the proportionality criteria in subsection (b)(1) of this Rule. 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.
(B)–(D) [NO CHANGE]
(5) [NO CHANGE]
(c)–(g) [NO CHANGE]
COMMENTS
[1]–[17] [NO CHANGE]
[18] Expert disclosures. Retained experts must sign written reports much as before except with more disclosure of their fees. The option of submitting a “summary” of expert opinions is eliminated. Their testimony is limited to what is disclosed in detail in their report. Rule 26(a)(2)(B)(I).
“Other” (non-retained) experts must make disclosures that are less detailed. Many times, a lawyer has no control over a non-retained expert, such as a treating physician or police officer, and thus the option of a “statement” must be preserved with respect to this type of expert, which, if necessary, may be prepared by the lawyers. For example, in addition to the opinions and diagnoses reflected in a plaintiff’s medical records, a treating physician may have reached an opinion as to the cause of those injuries based upon treating the patient. Those opinions may not have been noted in the medical records but if sufficiently disclosed in a written report or statement as described in Comment [21], below, such opinions may be offered at trial without the witness having first prepared a full, retained expert report. In any event, the expert testimony is to be limited to what is disclosed in detail in the disclosure. Rule 26(a)(2)(B)(II).
[19]–[21] [NO CHANGE]

Official Colorado Supreme Court Rules Committees proceedings can be found at the Colorado Supreme Court Rules Committees website.


Related Topics

General Provisions Governing Discovery; Duty of Disclosure

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