scj09

Is it too late for discovery in CO?

Recommended Posts

After getting advice from a previous post, I was unable to get any information to help me. Being sued by Cap1. At pre-trial I asked attorney for proof that this is my debt and she set a trial date.

In Colorado one party needs to motion for discovery. I previously asked how I would word that as I would be filling out a general motion. My advice was to find other cases that have filed for discovery and use that as a template.

I CAN'T FIND ANY! I've been at the courhouse on their computers so much and cannot find a CC case where discovery has been ordered. All cases are either defaulted or settled in leiu of judgment. (97% are default judgments).

My trial date is within the next 10 days. Is it too late? What is the proper wording to ask for discovery? Plaintiff is not seeking discovery nor has sent me anything except their disclosure statement stating a reprentative or an associate doing business at Cap1 will be a witness, a few old copies of statements provided, a generic cardholder agreement from 2005 provided and thats it. They call a few times a week leaving a message that they want to resolve this without further litigation.

Need advice please!

Link to post
Share on other sites

The first thing you need to do is read and become familiar with the RoCP for CO.

http://www.michie.com/colorado/lpext.dll?f=templates&fn=main-h.htm&cp=

Replies on here tend to be generic in nature as local rules and procedures vary. Unless someone is from a particular state or is very familiar with local rules it is best to treat replies with caution in case a local rule pops out of the woodwork and bites you.

Good luck.

Edited by newryman
Link to post
Share on other sites

Thank you for the replies. I am still unclear if I can still request discovery. I believe Rule 316 says it must be requested during the pre-trial conference. We are not in front of a judge at pretrial. Plaintiff attorney and defendent just meet in a tiny room. When I told her I want proof she said, "okay so you want to go to trial and then we walked up to the next floor and scheduled a trial date then she told me I was dismissed as we exited the elevator.

I'm confused though.

Colorado Rules of County Court Civil Procedure has the Rule 316 about requesting discovery at pretrail.

Colorado Rules of Civil Procedure does not and says any party may issue discovery if needed to help prepare their case.

Link to post
Share on other sites

I would file a Motion for Continuance based on the need to conduct discovery. I would also file a Motion for Discovery at the same time. Call the court and set both for hearing.

Review your local rules of civil procedure.

Here is a simple template for most motions:

Caption (Party names, court, case number -- just look at the top of the summons or complaint).

Title (Just center the text and give the motion a title).

Body (Type what you are requesting here).

Conclusion or Prayer (Just say what you want here "The Court grant Defendant's Motion for ---").

Certificate of Conference (Optional--depends on the local rules and type of motion).

Signature with address and telephone number.

Certificate of Service (This is where you certify that you served the other side--should be an example in your rules).

Signature

Link to post
Share on other sites

Thank you! I will work on this ASAP!

Along with the motion for discovery do I also need to file with court the request for production of documents and interrogs I will be sending the Plaintiff? Or do I wait until the judge actually orders the discovery?

Link to post
Share on other sites
Thank you! I will work on this ASAP!

Along with the motion for discovery do I also need to file with court the request for production of documents and interrogs I will be sending the Plaintiff? Or do I wait until the judge actually orders the discovery?

If you have already prepared the discovery requests, then I would attach a copy of the discovery to my Motion for Discovery as exhibits. As I am not familiar with the goings on in Colorado I have no idea how this will play out. Nothing ventured, nothing gained.

Look around this forum. You will find helpful tips on how to defeat the plaintiff at trial.

Link to post
Share on other sites

So I go to the courthouse to file a motion for a continuance which will cost me $82 and a motion for discovery which will cost me $82 and the clerk tells me that it is probably a waste of time as I need to call the attorney and have them ask for the continuance since the judge won't rule on my motion because the plaintiffs attorney already set a trial date. In other words, per the clerk at the courthouse, since the plaintiffs attorney already set a trail date any motions to be filed need to be done through them. She told me that the judge most likely won't rule on my motion because that's not the way it's done here and I am probably wasting the $82 x2.

I've hit this major road block and just want cry and give up. BUT I"M NOT!!!

So at trial, can I use all the questions from my produc of documents, interoggs and admissions as a guideline of actual questions to cross examine their witness with?

Anyone from Colorado out there with comments or advice?

(Maybe I should I use that as a thread starter) I feel like I am the only one.

Thank you all so much for replying and for the invaluable advice!

Link to post
Share on other sites
So I go to the courthouse to file a motion for a continuance which will cost me $82 and a motion for discovery which will cost me $82 and the clerk tells me that it is probably a waste of time as I need to call the attorney and have them ask for the continuance since the judge won't rule on my motion because the plaintiffs attorney already set a trial date. In other words, per the clerk at the courthouse, since the plaintiffs attorney already set a trail date any motions to be filed need to be done through them. She told me that the judge most likely won't rule on my motion because that's not the way it's done here and I am probably wasting the $82 x2.

I've hit this major road block and just want cry and give up. BUT I"M NOT!!!

So at trial, can I use all the questions from my produc of documents, interoggs and admissions as a guideline of actual questions to cross examine their witness with?

Anyone from Colorado out there with comments or advice?

(Maybe I should I use that as a thread starter) I feel like I am the only one.

Thank you all so much for replying and for the invaluable advice!

scj09, I live in Colorado. Are you sure that it's going to cost you $82 x 2 to file those papers? I recently filed an affidavit and discovery in my case. When I spoke with the clerk of the court, she said there was no fee.

Link to post
Share on other sites

Yes. I just spoke with them this morning. She said anything I need to motion is considered part of my answer which is $82 per motion. Now I'm really confused!

And just about 2 minutes ago I was served with a supoena to produce all bank statements for specific dates 3 years ago for my trial on Monday morn. I do not have them. My bank was purchaced by another bank last year.

What now? Is yours this confusing?

I would love to add more info but who knows who watches these forums. Idk007 if allowed you can PM me.

Edited by scj09
more info
Link to post
Share on other sites

Which county are you in, scj09? I was just dealing with JeffCo and their fees vary depending on what sort of motion you are filing and if you answer. They also had a fairly easy and reasonable procedure for requesting a waiver of fees. I filled out a form with my monthly income and expenses and the woman at the counter accepted it and stamped it and took my other motions immediately right there. Ended up being an exercise in futility as I worked out a deal with the OC and their attorneys, but none-the-less, check about the fee waiver.

Link to post
Share on other sites

Larimer county for me. I will definately check out the fee waiver as I am going back down to the courthouse again. Seems as if my luck may have run out fighting this.

Link to post
Share on other sites

I don't know CO rules but if they can ask for those things I would ask for a continuance with what you've stated as one of the reason for it, and if it is granted I would start my own discovery process. They cannot start discovery on a pro se litigant unless you draw first blood then all bets are off. Like it has been said handle advise from us with caution as every state may have slightly different rules.

Link to post
Share on other sites
Guest
This topic is now closed to further replies.