This case management order checklist and list of best practices is part of my Colorado Litigation Checklist approach to litigation knowledge management and litigation strategy. Because case management, as governed by C.R.C.P. 16, is one of the few areas where the Colorado rules differ significantly from the Federal Rules of Civil Procedure, this checklist is only intended for use in Colorado state courts. C.R.C.P. 16 provides for a presumptive case management order for most civil litigation, but Rule 16(c) permits parties to move for a modified case management order within 45 days of the at issue date, either individually where the parties do not agree on the appropriate modifications or by filing a motion for entry of a stipulated case management order. The following checklist and list of best practices is intended for use when considering and moving for a modified case management order.
- Must file for entry of a modified case management order within 45 days of the at issue date.
- Confer with opposing party prior to filing as required by C.R.C.P. 121 Section 1-15(8).
- File a [Stipulated or Unopposed] Motion for Entry of Modified Case Management Order, and attach the Proposed Modified Case Management Order as an exhibit to the motion.
- Rule 16 only requires that the modified order state the differences from the presumptive case management order, though it is common practice to set forth a complete case management order.
- For every point of divergence from the presumptive case management order, set forth "a specific showing of good cause for each modification sought including, where applicable, the grounds for good cause pursuant to C.R.C.P. 26(b)(2)."
Thoughts & Best Practices:
- The provision for requesting a modified case management order is one of the most powerful tools available to the litigator to tailor procedure to the demands of a specific case, to control discovery costs, and to control the litigation schedule. Parties seeking to limit discovery and control cost should keep in mind the provision of Rule 26(b)(2)(F)(iii) which states that the court, in considering a motion to depart from the presumptive discovery provisions, should consider "[w]hether the burden or expense of the proposed discovery outweighs its likely benefit, taking into account the needs of the case, the amount in controversy, the parties' resources, the importance of the issues in the litigation, and the importance of the proposed discovery in resolving the issues." In other words, it may be reasonable to move for limitation of discovery below the presumptive allowances for depositions, interrogatories, etc.
- Additionally, a modified case management order is an ideal tool to set forth a timetable for matters not covered by the presumptive case management order, such as the disclosure of a log of privileged documents, to set forth the requirements of such a log, to address disclosure of electronically stored information, and to set forth a timetable for the submission of a proposed protective order.
- Consider "outside the box" possibilities to expedite litigation and control costs, including a "sneak peek" of purportedly privileged or work product documents subject to a non-waiver agreement, etc.
- Click Here for Example Proposed Case Management Order (Locked)
- Click Here for Publicly Editable Proposed Case Management Order (Please feel free to make improvements to this form, and comment below to describe what changes were made)
Jeff Vail is a business litigation attorney in Denver, Colorado. Visit www.vail-law.com for more information.
This case management order (Colorado) checklist and list of best practices is part of my Colorado Litigation Checklist approach to litigation knowledge management and litigation strategy.