Rule 16.5 - Pretrial Procedure - Forcible Entry and Detainer Proceedings for Possession - Requests for Documents and Conference(a) Purpose and Scope. This Rule applies to Forcible Entry and Detainer proceedings for possession, unless otherwise provided by statute, by agreement of the parties, or by order of the court.(b) Requests for Documents. (1) Either party may request all documents in the other party's possession relevant to the current action. To make this request, a party must complete, file, and send Form JDF 187 (Request for Documents in Eviction Cases) to the opposing party.(2) Any party failing to comply with a court order requiring such party to provide documents relevant to the current action shall be subject to imposition of appropriate sanctions.(c) Trial Scheduling and Pretrial Conferences. Except as provided by statute, if the defendant files an answer, the court shall schedule a possession trial no sooner than seven days, but not more than ten days, after the answer is filed, unless (1) the defendant requests a waiver of this requirement in the defendant's answer or after filing the answer, or (2) the court sets the trial date beyond ten days if either party demonstrates good cause for an extension or if the court otherwise finds justification for the extension. Prior to such trial, the court may in its discretion, and upon reasonable notice, order a pretrial conference. Conferences by telephone or videoconference are encouraged. Following a pretrial conference, the court may issue an order which may include limitations on the issues to be raised and the witnesses and exhibits to be allowed at trial, entry of judgment, or dismissal, if appropriate. Failure to appear at a pretrial conference may result in appropriate sanctions, including an award of attorney fees and expenses incurred by the appearing party. The court may encourage the parties to engage in mediation.(d) Pretrial Discovery. Any party may request that discovery be permitted to assist in the preparation for trial. The request may be made only during the pretrial conference. The discovery may include depositions, requests for admissions, interrogatories, physical or mental examinations, or requests for production or inspection of documents. If the court enters a discovery order, it shall set forth the extent and terms of the discovery as well as the time for compliance. If the court fails to specify any term, then the provisions of C.R.C.P. 30, 32, 33, 34, 35, and 36 shall supply the missing term.(e) Resolution of Disputes. All issues regarding discovery shall be resolved on or before the day of trial and shall not cause any undue delay in the proceedings. No party shall be entitled to seek protective orders following the conference. Unless otherwise ordered by the court, a dispute over compliance with the discovery order shall be resolved at the time of trial, and the court may impose appropriate sanctions, including attorney fees and costs, against the non-complying party.Amended and Adopted by the Court, En Banc, May 2, 2024, effective 5/2/2024 effective immediately.