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Rule 16.1 was relatively easy but now after delays 16.1 changed in October and I don't get it.

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GideonEffect

Active Member
Colorado. Under prior rule 16.1 my case was simple other than being delayed by Covid 19. Since the case was back on the docket in early 2021 the opposing party has been able to delay the matter even further. Recently opposing counsel has made requests that are not required under rule 16.1 and I lost my counsel to disciplinary action in June 2021. I was only given the details of the requests in September and I responded that the requests were out of the scope of 16.1. October opposing party filed for sanctions due to my lack of producing their disclosures and interrogatories. Does the entire case now have to follow the revised 16.1 rule that changed in October 2021? The revised rule is overwhelming and I do not comprehend all the added requirements. I've tried to hire new counsel but nobody is interested in my case. What can I do? I have money but I'm limited to $5000, the trial is in March 2022. Replevin case and the judge has already decided defendant is guilty of disposing of my property $60,000 lost.
 


adjusterjack

Senior Member
They call this simple? I'm guessing that this documents shows the difference between old and new.

CRCP 16_1 & JDF 601 -- marked and clean copies.pdf (state.co.us)

There are more resources in the following search result.

colorado rule 16.1 at DuckDuckGo

Another guess is that, yes, you comply with the changes. It would seem prudent to have provided the discovery requested and argue about it at trial. Now, I suppose, you'll have to answer to the motion for sanctions and explain why you shouldn't be santioned.

What is it that the opposing party requested that you objected to?
 

quincy

Senior Member
Colorado. Under prior rule 16.1 my case was simple other than being delayed by Covid 19. Since the case was back on the docket in early 2021 the opposing party has been able to delay the matter even further. Recently opposing counsel has made requests that are not required under rule 16.1 and I lost my counsel to disciplinary action in June 2021. I was only given the details of the requests in September and I responded that the requests were out of the scope of 16.1. October opposing party filed for sanctions due to my lack of producing their disclosures and interrogatories. Does the entire case now have to follow the revised 16.1 rule that changed in October 2021? The revised rule is overwhelming and I do not comprehend all the added requirements. I've tried to hire new counsel but nobody is interested in my case. What can I do? I have money but I'm limited to $5000, the trial is in March 2022. Replevin case and the judge has already decided defendant is guilty of disposing of my property $60,000 lost.
Did you file a motion for exclusion from the simplified rule changes because your case was already in progress?

You really should seek out assistance from another attorney in your area, perhaps at a legal aid clinic or law school clinic to keep your costs down.
 

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