CRCP 16.1: Under a Microscope, Open for Discussion

The Institute for the Advancement of the American Legal System has released its report examining CRCP 16.1. That Rule provides for a simplified pretrial procedure for actions seeking $100,000 or less from any one party. The original goal was to reduce the time to disposition and reduce costs for litigants. IAALS’s survey, however, suggests it has not been particularly effective, and that it does not address the concerns of litigants. For example, it notes that attorneys are highly skeptical of using disclosures as an alternative to discovery. The following commentary in the report is particularly enlightening:

“One attorney noted that the disclosure process has become ‘an art in evasion,’ another likened the task of continually having to request disclosure of relevant information to ‘pulling teeth,’ and a third noted the inability to ‘test the completeness and accuracy’ of disclosures.”

To read the full report, click HERE.

Click HERE for a link to a point/counter-point discussion on CRCP 16.1 in The Colorado Lawyer. (Please note that the document opened properly using Internet Explorer, but not with Google Chrome).

The CLR would like your opinion — please leave a comment below. (Please note comments may be submitted anonymously  and are moderated before they are posted.)

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