Colorado

Civil Procedure

Civil Procedure

Rule 29 – Stipulations Regarding Discovery Procedure

Unless otherwise directed by the court, the parties may by written stipulation:

(1) provide that depositions may be taken before any person, at any time or place, upon any notice, and in any manner and when so taken may be used like other depositions; and
(2) modify other procedures governing the timing of discovery, except that stipulations extending the time provided in C.R.C.P. Rules 33, 34, and 36 for responses to discovery may, if they would interfere with any time set for completion of discovery, for hearing of a motion, or for trial, be made only with the approval of the court.

C.R.C.P. 29

History: Source: Entire rule amended and adopted April 14, 1994, effective January 1, 1995, for all cases filed on or after that date.

Annotation Law reviews. For article, “Depositions and Discovery, Rules 26 to 37 “, see 28 Dicta 375 (1951). For article, “Depositions and Discovery: Rules 26-37 “, see 23 Rocky Mt. L. Rev. 562 (1951). For article, “Plaintiff’s Advantageous Use of Discovery, Pre-Trial and Summary Judgment”, see 40 Den L. Ctr. J. 192 (1963). For article, “A Deposition Primer, Part I: Setting Up the Deposition”, see 11 Colo. Law. 938 (1982). For article, “A Deposition Primer, Part II: At the Deposition”, see 11 Colo. Law. 1215 (1982). For article, “Taking Evidence Abroad for Use in Litigation in Colorado”, see 14 Colo. Law. 523 (1985). C.R.C.P. 26 to 37 must be construed together along with the requirement that plaintiff establish a prima facie case for punitive damages, as a condition precedent to the plaintiff’s right to discovery of defendant’s financial information. Leidholt v. District Court, 619 P.2d 768 (Colo. 1980). Applied in Ricci v. Davis, 627 P.2d 1111 (Colo. 1981).

For stipulations extending time in interrogatories for responses to discovery, see C.R.C.P. 33; for stipulations extending time in the production of documents and things and entry upon land for inspection and other purposes for responses to discovery, see C.R.C.P. 34; for stipulations extending time in admissions for responses to discovery, see C.R.C.P. 36.