It’s Complicated ~ By Keith Lewis

The Docket roots out wasteful, old-fashioned and meaningless procedures that remain affixed to our profession so as to annoy us way too often. 

I recently had the experience of outpacing the Colorado legal system. (It was not as hard as one might expect.) I dared to propound discovery as soon as the case was “at issue” instead of delaying 42 days, as I later realized was required by CRCP 16(b)(10). I guess litigation had been moving too fast in Colorado. Is this rule meant to protect us from the threat of fast-moving litigation and efficient courts?

Trial practice and procedure is rife with areas in need of improvement. I’m sure that the “42 to discovery delay provision” is only the tip of the iceberg of confounding and wasteful provisions in the legal system. D

K-Lewis-headshot(2)Keith Lewis is a Denver-based appellate and trial attorney. He can be reached at keith@lewislawdenver.com.