Colorado

Civil Procedure

Civil Procedure

Rule 209.3 – Pre-Hearing Matters

(1) Issues to Be Presented. The issues at the hearing shall be limited to those in the inquiry panel findings and challenged in the applicant’s request for a hearing unless, prior to the hearing, the Office of Attorney Regulation Counsel requests the inquiry panel to reopen its determination to consider additional information, and amend its findings. A request to reopen the inquiry panel’s determination shall stay the proceeding before the hearing board until the inquiry panel has completed its review.
(2) Status Conference. The Presiding Disciplinary Judge or presiding officer shall order an initial status conference to be held within fourteen days after the filing of the request for a hearing. The purpose of the initial status conference is for the Presiding Disciplinary Judge or presiding officer and the parties to discuss any need for disclosures, discovery, or expert witnesses, and to manage all matters relating to the proceeding. After the initial status conference, the applicant shall be notified by written order of:

(a) The date, time, and place of the hearing;
(b) The right of the applicant to be represented by counsel at such hearing at the applicant’s expense, to examine and cross-examine witnesses, to produce evidence bearing upon the applicant’s character and fitness to practice law, and to make reasonable use of the subpoena powers of the Presiding Disciplinary Judge or the judge’s clerk for the proceedings.
(3) Discovery.

(a) Purpose and Scope.C.R.C.P. 16 shall not apply to proceedings conducted pursuant to this rule except as otherwise provided in this rule. C.R.C.P. 26 shall apply to proceedings conducted pursuant to this rule except as otherwise provided in this rule.
(b) Limitations. Except upon order by the Presiding Disciplinary Judge or the presiding officer for good cause shown, discovery shall be limited as follows:

(i) The Office of Attorney Regulation Counsel may take the deposition of the applicant and two other persons, in addition to the depositions of experts as provided in C.R.C.P. 26. The applicant may take the deposition of three persons, in addition to the depositions of experts as provided in C.R.C.P. 26. The scope and manner of proceeding by way of deposition and the use thereof shall otherwise be governed by C.R.C.P. 26, 28 through 32, and 45.
(ii) On motion of the Office of Attorney Regulation Counsel, and upon a showing of good cause, the Presiding Disciplinary Judge or presiding officer may require the applicant to submit to a mental status examination conducted by a psychiatrist or psychologist, or to submit to a substance abuse evaluation conducted by a qualified professional. The psychiatrist, psychologist or substance abuse evaluator shall be chosen by the Office of Attorney Regulation Counsel. The applicant shall bear the cost of the required mental status examination and/or substance abuse evaluation.
(c) Duty to Disclose Expert Testimony. The parties must disclose expert testimony as required by C.R.C.P. 26. The timing of any expert witness disclosures and supplementation shall be as directed by the written order of the Presiding Disciplinary Judge or presiding officer.
(4) Additional Conferences. The parties may request additional status conferences as needed.

C.R.C.P. 209.3

Source: Entire rule added and effective September 1, 2014.