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What is discovery in Colorado family law?
Discovery is the process of requesting information from the Opposing Party to prepare for trial or to get more information for your case. There are specific deadlines and types of discovery that you can issue (send to the other side). For example, the two main types of discovery in Colorado family law are Requests for the Production of Documents (RFPs) and Interrogatories. Some other types also exist, like Admissions. RFPs are requests to produce specific documents that may be relevant to your case. Interrogatories are questions that are answered under oath about matters related to the case.
A party may be able to object to a certain RFP, interrogatory, or another type of discovery request. There are specific types of objections that can be made, and they must be made within a specific timeframe. The Colorado Supreme Court has pre-authorized a set of “pattern” discovery requests for RFPs and Interrogatories that appear on all Colorado family law discovery paperwork. But just because they are “pre-authorized” doesn’t mean they are necessarily relevant and need to be answered.
Discovery is a great way to ask questions of the other side, to see what they would say at trial. It is also a great tool to get documents that you may be entitled to and the other side won’t give to you. Discovery is typically due 35 days after it’s first issued, and must be issued no later than 63 days before a scheduled hearing under the Colorado Rules of Civil Procedure.
As you’re reading, there is no doubt that discovery is complicated. Before you get started on either issuing discovery or answering it, consider working with counsel to make sure you do it right. We encourage you to reach out to us for representation or unbundled services if discovery is involved in your case.
Please note that this page is intended to be informational and should not substitute legal advice on your family law matter. Contact us today to discuss options on how to prepare to issue or answer discovery with our award-winning legal services.