Colo. Rev. Stat. § 13-90.5-105

Current through 11/5/2024 election
Section 13-90.5-105 - Deposition, production, and inspection

Section 13-90-112, rule 37 of the Colorado rules of civil procedure, and any other applicable statutes or rules of this state apply to subpoenas issued under section 13-90.5-103.

C.R.S. § 13-90.5-105

L. 2008: Entire article added, p. 197, § 1, effective August 5.

OFFICIAL COMMENT

The Act requires that the discovery permitted by this section must comply with the laws of the discovery state. The discovery state has a significant interest in these cases in protecting its residents who become non-party witnesses in an action pending in a foreign jurisdiction from any unreasonable or unduly burdensome discovery request. Therefore, the committee believes that the discovery procedure must be the same as it would be if the case had originally been filed in the discovery state.

The committee believes that the fee, if any, for issuing a subpoena should be sufficient to cover only the actual transaction costs, or should be the same as the fee for local deposition subpoenas.