C.R.C.P. 242.29

(a) Applicability and Overview. This section 242.29 governs prehearing procedures in

disciplinary proceedings under part VII of this rule and in reinstatement and readmission

proceedings under C.R.C.P. 242.39. This section also governs prehearing procedures after

entry of default under C.R.C.P. 242.27 unless inconsistent with that section. Except as

otherwise provided in this rule or by court order, all proceedings governed by this section

must be conducted in accordance with the Colorado Rules of Civil Procedure.

(b) Notice. Other than for sanctions hearings under C.R.C.P. 242.27(b) and reinstatement and readmission matters, notice must be given no fewer than 56 days (8 weeks)

before a hearing. The Presiding Disciplinary Judge has discretion to establish a different

timeframe for notice.

(1) Notice to Respondent. The Presiding Disciplinary Judge must notify the respondent of the place, date, and time of the hearing and of the respondent’s rights to be

represented by counsel at the respondent’s own expense, to cross-examine witnesses, and

to present argument and evidence.

(2) Notice to Complaining Witness. The Regulation Counsel must give a complaining

witness notice of the place, date, and time of the hearing. The notice must state that the

complaining witness has a right to attend the hearing, subject to a sequestration order or

protective order.

(c) Subpoenas. Either party to a disciplinary proceeding may request that the clerk of

the Presiding Disciplinary Judge issue subpoenas under C.R.C.P. 45. Challenges to subpoenas must be directed to the Presiding Disciplinary Judge.

(d) Discovery.

(1) Scope. C.R.C.P. 26 applies where not inconsistent with this rule. C.R.C.P. 16 does

not apply to disciplinary proceedings.

(2) Meeting. No later than 14 days after an answer is filed, the parties must confer in

person or remotely about the nature and basis of the claims and defenses and discuss the

matters to be disclosed.

(3) Disclosures. No later than 28 days after an answer is filed, each party must

disclose:

(A) 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;

(B) 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

(C) A statement as to whether the party plans to use expert witnesses and, if so, the

experts’ fields of expertise.

(4) Expert Witnesses. The parties must exchange any expert witness reports 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.

(5) 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 (or the

petitioner, as applicable) and of two other persons in addition to depositions of experts as

provided in C.R.C.P. 26. The respondent (or the petitioner, as applicable) 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 a preliminary investigation under C.R.C.P.

242.13 are deemed to be prepared in anticipation of litigation or for trial under the work

product doctrine.

(6) Modifying the Scope of Discovery. The Presiding Disciplinary Judge may modify

discovery limitations in accordance with C.R.C.P. 26(b)(2)(F).

(7) Supplementation of Discovery. The parties must supplement disclosures, discovery

responses, and expert reports and statements in accordance with C.R.C.P. 26(e).

(e) Dispositive Motions. Proceedings governed by this section 242.29 may be resolved

on dispositive motions, such as motions filed under C.R.C.P. 12, 55, or 56.

(f) Order for Independent Medical Examination. When a physical or behavioral health

condition or disorder of the respondent becomes an issue in a disciplinary proceeding, the

Presiding Disciplinary Judge, on motion of the Regulation Counsel or on the Presiding

Disciplinary Judge’s own initiative, may order the respondent to submit to a physical or

mental examination by a suitable examiner. The Presiding Disciplinary Judge may order

the examination only after finding that reasonable cause exists for the examination and

after notice to the respondent. The respondent will be provided the opportunity to respond

to the Regulation Counsel’s motion or to request reconsideration of the Presiding Disciplinary Judge’s order, and either party may request a hearing on the limited issue of

whether reasonable cause exists for an examination. Any hearing must be held within 14

days of the request. The cost of an examination must initially be paid by the Regulation

Counsel if the Regulation Counsel requests the order for the examination, or by the Office

of the Presiding Disciplinary Judge if the examination is ordered on the Presiding Disciplinary Judge’s own initiative. Either party may request that the Presiding Disciplinary

Judge enter a protective order to preserve the confidentiality of results of the examination.

If discipline is imposed against a respondent in the proceeding, the respondent may be

assessed the cost of the examination as part of the costs ordered under C.R.C.P.

242.31(a)(3).