C.R.C.P. 232.18. — Prehearing Matters

(a) Dispositive Motions. The Presiding Disciplinary Judge may decide dispositive motions, including those filed under C.R.C.P. 12 and 56. The decision is subject to supreme court review when the Presiding Disciplinary Judge submits a report to the supreme court under C.R.C.P. 232.20. (b) Discovery. (1) Scope. C.R.C.P. 26 applies where not inconsistent with this rule. C.R.C.P. 16 does not apply to proceedings under this rule. (2) Disclosures. Disclosures are due no later than 28 days after the answer is filed. (A) Each party must disclose: (i) The name and, if known, the address, telephone number, and email address of each individual likely to have discoverable information relevant to the claims and defenses of any party and a brief description of the specific information that each such individual is known or believed to possess; (ii) A listing, together with a copy or a description by category, of the subject matter and location of all documents, data compilations, and tangible things in the possession, custody, or control of the party that are relevant to the claims and defenses of any party; and (iii) A statement as to whether the party plans to use expert witnesses and, if so, the experts' fields of expertise. (B) The Regulation Counsel must disclose fines requested and a computation of any restitution sought. (3) Expert Witnesses. The parties must exchange expert witness reports, if any, at least 56 days (8 weeks) before the hearing, or as otherwise ordered by the Presiding Disciplinary Judge. A report must contain the elements required by the applicable Colorado Rules of Civil Procedure. (4) Limitations. Except by order of the Presiding Disciplinary Judge for good cause shown, and subject to the proportionality factors in C.R.C.P. 26(b)(1), discovery is limited as follows: (A) The Regulation Counsel may take one deposition of the respondent and of two other persons in addition to depositions of experts as provided in C.R.C.P. 26. The respondent may take three depositions in addition to depositions of experts as provided in

C.R.C.P. 26. Depositions are generally governed by C.R.C.P. 26, 28, 29, 30, 31, 32, and 45, unless otherwise inconsistent with this rule. A record must be made of depositions. (B) Written interrogatories, requests for production of documents, and requests for admission are governed by C.R.C.P. 26(b)(2), 33, 34, and 36, unless otherwise inconsistent with this rule. (C) Interview notes created as part of the preliminary investigation under C.R.C.P. 232.9 are deemed to be prepared in anticipation of litigation or for trial under the work product doctrine. (5) Modifying the Scope of Discovery. The Presiding Disciplinary Judge may modify discovery limitations in accordance with C.R.C.P. 26(b)(2)(F). (6) Supplementation of Discovery. A party must supplement disclosures, responses, and expert reports and statements in accordance with C.R.C.P. 26(e). (7) Sanctions. Under C.R.C.P. 37, the Presiding Disciplinary Judge may compel discovery and impose sanctions for failure to comply with discovery obligations. (c) Subpoenas. The clerk of the Presiding Disciplinary Judge must issue a subpoena under C.R.C.P. 45(a)(2), signed but otherwise in blank, to a party who requests it. That party must complete it before service. A lawyer who has entered an appearance in the case also may issue, complete, and sign a subpoena as an officer of the court. Challenges to subpoenas must be directed to the Presiding Disciplinary Judge. The Presiding Disciplinary Judge may hold in contempt under C.R.C.P. 45(f) any person who fails or refuses, without adequate excuse, to comply with a subpoena.