Colorado Expert Witness Discovery Rules

What Is the Scope of Expert Discovery in Colorado?

In Colorado, the scope of expert discovery is largely governed by the Colorado Rules of Civil Procedure, which align closely with the federal model. Under Colo. R. Civ. P. 26(a)(2), parties are required to disclose comprehensive information about any expert witness they intend to call at trial. This includes a written report for retained experts that outlines the expert's opinions, the basis and reasons for those opinions, data or information considered, exhibits to be used, qualifications, prior testimony, and compensation. Non-retained experts, such as treating physicians, are disclosed by name along with a summary of their opinions, rather than a full report.

Colorado does impose limits on the discovery of expert communications and materials. While expert communications and draft reports are generally protected, the information considered by the expert in forming their opinions is discoverable. This approach respects both attorney work-product protections and the necessity for transparency in expert testimony.

Timing and Procedure for Expert Discovery in Colorado

Expert discovery in Colorado typically occurs according to a Case Management Order, which often requires initial expert reports to be disclosed 90 to 120 days before trial, with rebuttal reports due 30 to 60 days thereafter. Depositions of experts are permitted following their disclosures, and if a report is required, the deposition can only occur after the report is provided.

Procedural steps for expert discovery include:

• Disclosure Deadlines: Governed by the Case Management Order.
• Depositions: Permitted post-disclosure of expert reports.
• Supplementation: Required under Colo. R. Civ. P. 26(e) to update expert information.

Failure to comply with these procedural requirements can lead to exclusion of expert testimony under Colo. R. Civ. P. 37(c).

What Methods of Expert Discovery Are Permitted in Colorado?

In Colorado, expert discovery methods include:

• Depositions: Allowed after expert disclosures.
• Interrogatories and Document Requests: Permitted to obtain detailed information about the expert's opinions and supporting materials.

Discovery is generally limited to testifying experts. Consulting experts, who do not testify at trial, are protected from discovery unless exceptional circumstances are demonstrated, reflecting the state’s adherence to protecting work-product and strategic privacy.

Limits on Discovery of Expert Materials and Communications

Colorado rules provide specific protections for expert materials and communications. Draft reports and attorney–expert communications are generally shielded from discovery, preserving the confidentiality of strategic legal discussions. However, facts or data considered by the expert remain discoverable. Exceptions to these protections include instances where there is a need to explore potential biases or the materials relied upon by the expert.

Significant case law in Colorado, such as those interpreting Colo. R. Evid. 702, which adopts the Daubert standard for expert testimony, illustrates the state's commitment to ensuring the reliability and relevance of expert evidence.

Consequences for Noncompliance or Discovery Violations

Noncompliance with expert discovery rules in Colorado can result in severe sanctions under Colo. R. Civ. P. 37(c), including:

• Exclusion: Of undisclosed expert testimony.
• Monetary Sanctions: For costs incurred due to the violation.
• Continuances: To remedy late disclosures.

Courts in Colorado have consistently enforced these rules to maintain fairness and procedural integrity in litigation.

Relevant Rules and Legal Authority in Colorado

Colorado's framework for expert discovery is primarily governed by:

• [Colo. R. Civ. P. 26(a)(2)](https://leg.colorado.gov/sites/default/files/images/olls/crs2023-court-rules.pdf): Detailing expert disclosure requirements.
• [Colo. R. Civ. P. 26(e)](https://leg.colorado.gov/sites/default/files/images/olls/crs2023-court-rules.pdf): Mandating supplementation of disclosures.
• Colo. R. Civ. P. 37(c): Addressing sanctions for noncompliance.
• Colo. R. Evid. 702: Applying the Daubert standard to expert testimony.

These rules, while similar to federal practices, offer distinct procedures and protections that reflect Colorado's legal landscape.