As amended through Rule Change 2024(18), effective October 2, 2024
Rule 3 - Pleadings and Initial Disclosures3.1. No later than 21 days after service of a pleading making a claim for relief, the pleading party shall file with the court a statement listing all persons with information related to the claims and a brief description of the information each such individual is believed to possess, whether the information is supportive or harmful. The statement shall also include a certification that the party has available for inspection and copying all reasonably available documents and things related to the claims, along with a description by category and subject area of the documents and things being disclosed, whether they are supportive or harmful. 3.2. The due date for filing the answer and all other responsive pleadings shall be 21 days following the filing of the statement required by PPR 3.1. 3.3. No later than 21 days after service of a pleading defending against a claim for relief, the pleading party shall file with the court a statement listing all persons with information related to the claims for relief and the defenses asserted and a brief description of the information each such individual is believed to possess, whether the information is supportive or harmful. The statement shall also include a certification that the party has available for inspection and copying all reasonably available documents and things related to the claims and defenses, along with a description by category and subject area of the documents and things being disclosed, whether they are supportive or harmful. 3.4. Parties shall make these disclosures in good faith and may not object to the adequacy of the disclosures until the initial case management conference pursuant to PPR 7.1, at which time they may raise those issues. 3.5. When a party withholds information by asserting that the information is privileged or subject to some other protection, the party shall make the assertion expressly and shall provide a privilege log that describes the nature of the documents, communications, or things not produced or disclosed in a manner which, without revealing information itself privileged or protected, will enable other parties to assess the applicability of the privilege or protection. The privilege log shall be provided at the same time as the initial disclosures required by PPR 3 are filed. 3.6. Each party has an ongoing duty to supplement the initial disclosures promptly upon becoming aware of the supplemental information. 3.7. Unless the court makes a specific determination that failure to disclose in a timely and complete manner was justified under the circumstances or harmless, such failure shall result in one or more of the following: (a) a denial of the right to use the information not disclosed for any purpose; (b) a denial of the right to object to the admissibility of the evidence; (c) a dismissal of all or part of any claim or defense; (d) assessment of attorney fees and costs; and(e) any other sanction the court deems appropriate. 3.8. Parties may not stipulate to extend any of the deadlines set forth in this Rule 3. The court shall address any motions for extension immediately, without waiting for a response; and shall deny them absent extraordinary circumstances.Colo. Civ. Acc. Pilot Proj. 3