8 Colo. Code Regs. § 1301-1-9

Current through Register Vol. 47, No. 11, June 10, 2024

Rule 8 CCR 1301-1-9 - Discovery

a. The Board, in its sole discretion, may limit discovery in the interests of administrative efficiency.

b. Preparation for hearing may be done through informal information requests or the formal discovery procedures. No specific order by the Board is needed for a party to conduct discovery in cases involving non-residential real property or multi-family residential real property with more than 20 units. Without an order, the following applies to preparation for all hearings involving non-residential real property or multi-family residential real property with more than 20 units; however, upon the filing of a proper motion and a showing of good cause, the Board may modify or waive the following provisions in a specific case or allow discovery requests for hearings involving residential property, including multi-family residential real property with 20 or fewer units.

1. Apart from a request for inspection of the subject property by Respondent, each party may submit no more than 10 total discovery requests. Such requests may include requests for production of documents, requests for admission, interrogatories consisting of one question per request, and a request to inspect the subject property.

2. Responses to discovery, including interrogatories, requests for production of documents, admissions, or requests for inspection, must occur within twenty-one days after service of the request.

c. Upon a showing of good cause to the Board, a party who intends to offer the testimony of any expert or any other witness may take the deposition of that witness for the purpose of preserving the witness's testimony for use at hearing. However, no deposition may be offered by a party in lieu of live testimony unless the party against whom the deposition is proposed to be used was present or represented at the taking of the deposition and upon an order from the Board permitting the use of the deposition in lieu of live testimony. Such order must be based on a determination that the deponent is not available to testify and that another witness's testimony cannot be substituted for the testimony of the deponent.

d. Parties must make a good faith effort to resolve any discovery disputes prior to filing a motion to compel discovery. Any motion concerning discovery disputes must certify compliance with this rule and include a description of such good faith efforts in its motion.

e. Any motion to compel discovery must be filed no later than 14 days prior to the hearing. Failure to conduct discovery in a timely fashion, including providing time for the opposing party to respond to discovery, shall not be a basis for filing a motion to compel less than 14 days prior to the hearing.

f. Discovery materials, including requests and responses, shall not be filed with the Board. Discovery materials shall be filed in connection with discovery motions only when pertinent and material to the proceedings and when used in a hearing.

8 CCR 1301-1-9

42 CR 14, July 25, 2019, effective 8/15/2019