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Colorado Civil Access Pilot Project Applicable to Business Actions in District Court
In August 2009, a group of local practitioners and members of the Colorado judiciary began meeting in order to explore whether Colorado courts might be a viable jurisdiction for a pilot project based on some of the Principles in the American College of Trial Lawyers (ACTL) Task Force on Discovery and IAALS Final Report. The committee focused on two case types for a potential pilot project—medical negligence and business litigation.
The committee presented the proposed Civil Access Pilot Project (CAPP) rules to the Chief Judge and judges in the districts that expressed initial interest, and submitted the CAPP to the Colorado Supreme Court for consideration. The Court requested comments and held a public hearing on the CAPP, and formed a working group for the purpose of reviewing the comments and formulating recommendations for the Court. On June 22, 2011, the Colorado Supreme Court voted to implement a pilot project that will apply generally to business actions, with a few exceptions—for example, employment cases, construction defect actions, cases where the Colorado Governmental Immunity Act may provide a defense, and cases involving wages and forcible entry. The pilot project went into effect on January 1, 2012, in four judicial districts, for a two-year period. In June 2013, Chief Justice Michael L. Bender (Ret.) amended Chief Justice Directive 11-02 and extended the pilot project for one year, so as to provide “more data and a detailed evaluation” and “give the court time to determine whether the rules as piloted achieved the stated goals.” The CAPP will now apply to relevant cases filed through December 31, 2014. At the request of the Court, IAALS is studying the effect of the pilot.
In April 2014, IAALS released Preliminary Findings on the project, which reveals that CAPP as a whole has succeeded in achieving many of its intended effects, while certain aspects of the rules have presented challenges that ought to be considered in any future rulemaking process. A final report is expected in the fall of 2014.
Additional project-specific information and materials are available here.