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Colorado — Centennial

Preservation in Colorado: the absence, stated.

TrialVector is software — not a lawyer, not a law firm, and not a substitute for one. It provides legal information of a general nature, not legal advice; it prepares no documents for you in Colorado today; and it forms no attorney-client relationship.

The pinned fact

No loaded Rule Change order carries C.R.C.P. 37: preservation duties, ESI-loss standards, and the sanction ladder are rule-layer text outside the loaded corpus. That absence is a pinned fact of this corpus, not an oversight — consult the court's published Rule 37 before relying on any preservation position.

Three states, three honest shapes: Nevada's preservation page renders its loaded 37(e) PRESENCE; Washington pinned a statute-layer absence; Colorado's is the order-layer absence — and a ledger-sweep test keeps this page honest if a future order ever carries Rule 37.

What the corpus DOES carry for discovery

Discovery before the Case Management Order is capped

"prior to issuance of the Case Management Order shall not exceed the limitations established by C.R.C.P. 26(b)(2)"

C.R.C.P. 26(d) (as printed in Rule Change 2024(03)) — order-carried

The 26(b)(2) limits themselves are NOT printed in any loaded order — the cap is stated, the numbers stay at the vendor boundary.

Family-lane financial disclosures — the 28-day exchange

"shall be exchanged and the Certificate of Compliance filed within 28 days following the earlier of the date of filing a withdrawal of consent or entry of a Court order mandating complete financial disclosures"

C.R.C.P. 16.2(e) (as printed in Rule Change 2024(03)) — order-carried

Spousal privilege

"a husband shall not be examined for or against his wife without her consent nor a wife for or against her husband without his consent"

C.R.S. § 13-90-107(1)(a)(I) — statute

Attorney-client privilege — EXTENDED TO LICENSED LEGAL PARAPROFESSIONALS

"An attorney or licensed legal paraprofessional shall not be examined without the consent of the attorney's or licensed legal paraprofessional's client as to any communication made by the client"

C.R.S. § 13-90-107(1)(b) — statute

THE LLP CATCH: the privilege statute itself names the licensed legal paraprofessional — statutory privilege parity for Colorado's LLP program, in the loaded text.

Physician-patient privilege

"A physician, surgeon, or registered professional nurse duly authorized to practice his or her profession pursuant to the laws of this state or any other state shall not be examined without the consent"

C.R.S. § 13-90-107(1)(d) — statute

Out-of-state discovery — Colorado's UIDDA

"This article may be cited as the Uniform Interstate Depositions and Discovery Act"

C.R.S. § 13-90.5-101 — statute

UIDDA mechanics — submit the foreign subpoena where discovery is sought; no appearance

"a party must submit a foreign subpoena to the district court for the county in which discovery is sought to be conducted in this state. A request for the issuance of a subpoena under this section does not constitute an appearance in the courts of this state"

C.R.S. § 13-90.5-103(1) — statute

Named at the vendor boundary

  • C.R.C.P. 26(a) initial disclosures — C.R.C.P. 26(a) (vendor-published rulebook)

    2024(03) printed 26(d) only — '(a) – (c) [NO CHANGE]' by the order's own words.

  • C.R.C.P. 26(b)(2) presumptive limits — C.R.C.P. 26(b)(2) (vendor-published rulebook)

    Referenced by the order-carried pre-CMO cap; the numbers themselves are outside the loaded corpus.

  • Interrogatories, requests for production, requests for admission — C.R.C.P. 33, 34, 36 (vendor-published rulebook)
  • Preservation, ESI loss, and sanctions — C.R.C.P. 37 (vendor-published rulebook)

    No loaded Rule Change order carries C.R.C.P. 37: preservation duties, ESI-loss standards, and the sanction ladder are rule-layer text outside the loaded corpus. That absence is a pinned fact of this corpus, not an oversight — consult the court's published Rule 37 before relying on any preservation position.

  • The subpoena rule — C.R.C.P. 45 (vendor-published rulebook)

    The statutory subpoena layer (13-90-112, -115) is loaded; the rule's own mechanics are not.