Rule Change 2022(01)

Colorado Rules of Civil Procedure Rules 16, 16.1, 30, and 45 Forms 26, 29, 32, 33, 47, 250, 601, and 603

January 6, 2022

Rule 16. Case Management and Trial Management

(a)–(b)(5) [NO CHANGE]

(6) Evaluation of Proportionality Factors. The proposed order shall provide a brief statement of each party’s position on the application of any factors to be considered in determining proportionality, including those factors identified in C.R.C.P. 26(b)(1). Each party that filed a certification of value pursuant to C.R.C.P. 16.1(d) must include in the proposed order a description of the categories of damages sought and a computation of any category of economic damages claimed.

(7)–(d)(2) [NO CHANGE]

(3) If the case is proceeding under C.R.C.P. 16 because of a certification of value filed pursuant to C.R.C.P. 16.1(d), the court has discretion to strike the certification for good cause.

(4) If all parties are represented by counsel, counsel may timely submit a proposed order and may jointly request the court to dispense with a case management conference. In the event that there appear to be no unusual issues, that counsel appear to be working together collegially, and that the information on the proposed order appears to be consistent with the best interests of all parties and is proportionate to the needs of the case, the court may dispense with the case management conference.

(e)–end [NO CHANGE]

COMMENTS [NO CHANGE]

Rule 16.1. Simplified Procedure for Civil Actions

(a) [NO CHANGE]

(b) Actions Subject to Simplified Procedure. Simplified Procedure applies to all civil actions other than:

(1) [NO CHANGE]

(2) civil actions in which any one party seeks monetary judgment from any other party of more than $100,000, exclusive of interest and costs.

(c) [NO CHANGE]

(d) Exclusion from Simplified Procedure. Simplified Procedure shall apply unless:

(1) The Civil Cover Sheet includes a certification, signed by both the plaintiff and its counsel, if any, that “In compliance with C.R.C.P. 11, based upon information reasonably available to me at this time, I certify that the value of this party’s claims against one of the other parties is reasonably believed to exceed $100,000.”; or

(2) No later than 42 days after the case is at issue as defined in C.R.C.P. 16(b)(1), any other party files a certification, signed by both the party and its counsel, if any, that “In compliance with C.R.C.P. 11, based upon information reasonably available to me at this time, I certify that the value of this party’s claims against one of the other parties is reasonably believed to exceed $100,000”; or

(3) The trial court, in its discretion, may determine other good cause for exclusion, considering factors such as the complexity of the case, the importance of the issues at stake, the parties’ relative access to relevant information, the parties’ resources, the importance of discovery in resolving the issues, and whether the burden or expense of proposed discovery outweighs its likely benefit.

(e)–(l) [NO CHANGE]

COMMENTS [NO CHANGE]

Rule 30. Depositions Upon Oral Examination

(a) [NO CHANGE]

(b) Notice of Examination: General Requirements; Method of Recording; Production of Documents and Things; Deposition of Organization; Deposition by Telephone.

(1)–(5) [NO CHANGE]

(6) A party may in its notice or subpoena name as the deponent a public or private corporation, partnership, association, governmental agency, or other entity and designate with reasonable particularity the matters on which examination is requested. The named organization shall designate one or more officers, directors, or managing agents, or other persons who consent to testify on its behalf, and may set forth, for each person designated, the matters on which the person will testify. Before a notice is served, or promptly after a subpoena is served, the serving party and the organization shall confer in good faith about the matters for examination. A subpoena shall advise a nonparty organization of its duty to confer with the serving party and to designate each person who will testify. The persons so designated shall testify as to matters known or reasonably available to the organization. This subsection (b)(6) does not preclude taking a deposition by any other procedure authorized in these rules. The duration of a deposition under this subsection (b)(6), regardless of the number of persons designated, is governed by Rule 30(d)(2)(A).

(7) [NO CHANGE]

(c)–(g) [NO CHANGE]

COMMENTS 1995–2015 [NO CHANGE]

2022 Rule 30(b)(6) depositions differ from ordinary depositions and impose additional obligations on both the party taking the deposition and the organization being deposed. First, the serving party must provide advance notice of topics that are sufficiently detailed and reasonable in relation to the time for the deposition such that the organization may fairly prepare a representative(s) to testify. Second, the serving party and the organization must engage in substantive conferral on matters to be covered in the examination. Third, the organization has an obligation to identify and adequately prepare its witness(es) to testify on the specified topics.

Rule 45. Subpoena

(a)–(d) [NO CHANGE]

(e) Subpoena for Deposition.

(1) Residents of This State. A resident of this state may be required by subpoena to attend an examination upon deposition only in the county wherein the witness resides or is employed or transacts his business in person, or at such other convenient place as is fixed by an order of court. (2) Nonresidents of This State. A nonresident of this state may be required by subpoena to attend only within forty miles from the place of service of the subpoena in the state of Colorado or in the county wherein the nonresident resides or is employed or transacts business in person or at such other convenient place as is fixed by an order of court.

(3) Subpoena for deposition of an organization. A subpoena commanding a public or private corporation, partnership, association, governmental agency, or other entity to attend and testify at a deposition is subject to the requirements of Rule 30(b)(6). Responses to such subpoenas are also subject to Rule 30(b)(6).

(f) [NO CHANGE]

COMMENTS [NO CHANGE]

Amended and Adopted by the Court, En Banc, January 6, 2022. Effective March 1, 2022 for Rules 16, 16.1, 30, 45, and Forms 601 and 603. Effective immediately for Forms 26, 29, 32, 33, 47, and 250.

By the Court:

Richard L. Gabriel

Justice, Colorado Supreme Court