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IAALS Online National Conversations About Continuous Improvement of the American legal System

Colorado Civil Access Pilot Project Extended by One Year

Corina Gerety Posted in Rule One

The Colorado Civil Access Pilot Project Applicable to Business Actions in District Court (CAPP) has been extended by one year, now applying to relevant cases filed through December 31, 2014. All other aspects of the pilot project remain the same. Chief Justice Michael L. Bender’s amended Chief Justice Directive 11-02 states that the project’s extension from two to three years will provide “more data and a detailed evaluation” and “give the court time to determine whether the rules as piloted achieved the stated goals,” signaling the Colorado Supreme Court’s commitment to empirically informed rule making.

In an effort to make civil litigation more accessible, CAPP sets forth new rules for pleading, disclosure, discovery, and case management. These rules are being tested in business cases in five Denver metro-area courts. IAALS is conducting the CAPP evaluation at the request of the Colorado Supreme Court, and will issue a public report upon its completion. In addition to providing valuable information to Colorado, it is hoped that the evaluation results will prove useful to other courts around the country seeking to improve the civil justice process.

  • Fair to all

    The most signficiant effect I have seen by CAPP is that it forces parties to incurr huge costs up front, giving plaintiffs a tremendous advantage by allowing them to force short timetables on defendants. And, in my view, disclosures cannot and will never be a substitute for discovery. I have yet to see any case in which “access” to the courts was improved by the rules over normal CRCP practice — only the speed at which money flies out the door is increased.