Colorado State Court Request for Production of Documents

DISTRICT COURT, [________________________________] COUNTY, COLORADO

Court Address: [________________________________]

[PLAINTIFF'S / DEFENDANT'S] FIRST REQUEST FOR PRODUCTION OF DOCUMENTS, ELECTRONICALLY STORED INFORMATION, AND TANGIBLE THINGS TO [RESPONDING PARTY]

PROPOUNDING / RESPONDING PARTY INFORMATION

I. INTRODUCTORY STATEMENT

Pursuant to Colo. R. Civ. P. 34 and Colo. R. Civ. P. 26, Propounding Party [________________________________] ("Propounding Party") hereby requests that Responding Party [________________________________] ("Responding Party" or "You") produce and permit Propounding Party, or someone acting on its behalf, to inspect, copy, test, or sample the documents, electronically stored information ("ESI"), and tangible things described below, and/or to permit entry upon designated land or property as set forth herein, all within Your possession, custody, or control.

1. Scope and Proportionality. This Request seeks discovery within the scope permitted by Colo. R. Civ. P. 26(b)(1), which allows discovery regarding any nonprivileged matter that is relevant to any party's claim or defense and proportional to the needs of the case, considering the importance of the issues at stake, the amount in controversy, the parties' relative access to relevant information, the parties' resources, the importance of the discovery in resolving the issues, and whether the burden or expense of the proposed discovery outweighs its likely benefit.

2. Reasonable Particularity. Each item or category below is described with reasonable particularity, as required by Colo. R. Civ. P. 34(b).

3. Form of ESI. Pursuant to Colo. R. Civ. P. 34(b), Propounding Party specifies that ESI be produced in the following form(s): [e.g., single-page TIFF images with corresponding searchable text/OCR and a Concordance- or Relativity-compatible metadata load file, with native files for spreadsheets, presentations, databases, and audio/video].

II. DEADLINE FOR RESPONSE

Response Deadline. Pursuant to Colo. R. Civ. P. 34(b), Responding Party must serve a written response to this Request within thirty-five (35) days after service of this Request, except that a defendant served with a Request before that defendant's response to the complaint is due may have a longer period as provided by rule or stipulation. Where service is made by mail, three (3) days are added to the prescribed period pursuant to Colo. R. Civ. P. 6(e). The court may allow a shorter or longer time, and the parties may stipulate in writing to a different deadline.

For each item or category, the written response must state that inspection and related activities will be permitted as requested or state with specificity the grounds for objecting to the request, including the reasons. If an objection is made to part of an item or category, the part shall be specified. Pursuant to Colo. R. Civ. P. 26(g), every discovery response must be signed by at least one attorney of record (or by the party, if unrepresented).

III. DEFINITIONS

For purposes of this Request, the following terms have the meanings set forth below. These definitions apply regardless of capitalization. Undefined terms shall be given their customary meaning under the Colorado Rules of Civil Procedure.

1. "You," "Your," or "Responding Party" means [________________________________], together with all present and former parents, subsidiaries, affiliates, divisions, officers, directors, managers, members, partners, employees, agents, representatives, insurers, and attorneys, and all other persons or entities acting or purporting to act on Responding Party's behalf.

2. "Document" and "ESI" (Electronically Stored Information) are used in the broadest sense permitted under Colo. R. Civ. P. 34(a), and include, without limitation, writings, drawings, graphs, charts, photographs, sound recordings, images, and other data or data compilations stored in any medium from which information can be obtained, including drafts, non-identical copies, and metadata.

3. "Tangible Thing" means any physical object, item, or sample, other than a document, within the scope of Colo. R. Civ. P. 34(a)(1).

4. "Communication" means any transmission of information by any means, whether oral, written, or electronic, including letters, memoranda, emails, text messages, instant messages, voicemails, social media messages, and telephone or in-person discussions.

5. "Relating to," "Concerning," or "Referring to" means constituting, evidencing, describing, mentioning, reflecting, referring to, regarding, or in any way pertaining to, in whole or in part.

6. "Incident" means the events, acts, omissions, and circumstances giving rise to this action, as described in the operative pleadings.

7. "Relevant Period" means the period from [__/__/____] through the present, unless a particular Request specifies otherwise.

8. "Person" means any natural person, corporation, limited liability company, partnership, association, governmental body, or other legal entity.

IV. INSTRUCTIONS

1. Manner of Production. Pursuant to Colo. R. Civ. P. 34(b), produce documents as they are kept in the usual course of business or organize and label them to correspond with the categories in this Request.

2. Possession, Custody, or Control. This Request requires production of all responsive items within Your possession, custody, or control, including items held by Your agents, employees, attorneys, accountants, or other representatives.

3. Privilege and Work Product. If You withhold any item on a claim of privilege or work-product protection, You must, pursuant to Colo. R. Civ. P. 26(b)(5), expressly make the claim and describe the nature of the withheld documents, communications, or tangible things in a manner that, without revealing the protected information, will enable the other parties to assess the claim — that is, provide a privilege log identifying each withheld item by date, author(s), recipient(s), general subject matter, and the specific privilege or protection asserted.

4. Form of ESI. Pursuant to Colo. R. Civ. P. 34(b), if a Request does not specify a form for producing ESI, You must produce it in a form in which it is ordinarily maintained or in a reasonably usable form. You need not produce the same ESI in more than one form.

5. Objection to Form of ESI. If You object to the form requested for producing ESI, or if no form was specified, You must state the form(s) You intend to use.

6. Withholding Statement. Pursuant to Colo. R. Civ. P. 34(b), an objection must state whether any responsive materials are being withheld on the basis of that objection.

7. Inability to Produce. If responsive items are no longer within Your possession, custody, or control, identify the present custodian and the circumstances and date of any loss, transfer, or destruction.

8. Supplementation. This Request is continuing. Pursuant to Colo. R. Civ. P. 26(e), You must seasonably supplement or correct Your response upon learning that it is incomplete or incorrect in some material respect.

9. Construction. The singular includes the plural and vice versa; "and" and "or" shall be construed conjunctively or disjunctively as necessary to bring within the scope of the Request all responses that might otherwise be construed outside its scope.

V. REQUESTS FOR PRODUCTION

REQUEST NO. 1: All Documents and ESI that relate to the Incident described in the operative pleadings.

REQUEST NO. 2: All Documents and ESI constituting, reflecting, or relating to any Communication between You and Propounding Party concerning the subject matter of this action.

REQUEST NO. 3: All Documents and ESI that support, evidence, or relate to each affirmative defense asserted in Your responsive pleading.

REQUEST NO. 4: All Documents and ESI that support or relate to Your denial of any allegation in the operative pleading concerning [________________________________].

REQUEST NO. 5: All contracts, agreements, amendments, and addenda between You and Propounding Party relating to [________________________________], including all drafts.

REQUEST NO. 6: All Documents and ESI relating to the negotiation, formation, performance, modification, breach, or termination of the agreement(s) identified in Request No. 5.

REQUEST NO. 7: All Documents and ESI that relate to the damages claimed by any party in this action, including all calculations, supporting records, invoices, statements, and computations of any category of damages.

REQUEST NO. 8: All insurance agreements (including primary, excess, umbrella, and surplus-lines policies) under which any insurer may be liable to satisfy all or part of a judgment in this action or to indemnify or reimburse for payments made to satisfy the judgment, together with all reservation-of-rights letters and declarations pages.

REQUEST NO. 9: All Documents and ESI relating to any Communication with any non-party witness concerning the Incident or the subject matter of this action.

REQUEST NO. 10: All Documents and ESI identified, referenced, or relied upon in Your responses to any interrogatories or requests for admission served in this action, or in Your Colo. R. Civ. P. 26(a)(1) disclosures.

REQUEST NO. 11: All photographs, video recordings, audio recordings, diagrams, and other depictions relating to the Incident or the items, conditions, or property at issue.

REQUEST NO. 12: All Documents and ESI relating to any policy, procedure, guideline, manual, or training material in effect during the Relevant Period concerning [________________________________].

REQUEST NO. 13: All Documents and ESI reflecting Your efforts to preserve potentially relevant Documents and ESI, including any litigation-hold notices issued in connection with this matter.

REQUEST NO. 14: All expert reports, opinions, and supporting materials prepared by or for any expert You expect to call at trial, to the extent discoverable under Colo. R. Civ. P. 26(a)(2) and (b)(4).

REQUEST NO. 15: All Documents and ESI relating to any prior or pending claim, lawsuit, or administrative proceeding involving the same subject matter, parties, or events at issue in this action.

REQUEST NO. 16: [________________________________]

REQUEST NO. 17: [________________________________]

REQUEST NO. 18: [________________________________]

VI. ENTRY UPON LAND (OPTIONAL)

ENTRY REQUEST NO. 1: Pursuant to Colo. R. Civ. P. 34(a)(2), Propounding Party requests permission to enter upon the land or property located at [________________________________], possessed or controlled by You, on [__/__/____] at [____] [a.m./p.m.], so that Propounding Party may inspect, measure, survey, photograph, test, or sample the property or any designated object or operation on it relating to [________________________________].

VII. SCOPE, PROPORTIONALITY, AND RESERVATION OF RIGHTS

This Request is limited to matters within the scope of Colo. R. Civ. P. 26(b)(1) and is intended to be proportional to the needs of the case. Propounding Party expressly reserves the right to serve additional requests, interrogatories, requests for admission, deposition notices, and other discovery, and reserves all objections and privileges available under Colorado law. Nothing in this Request shall be construed as a waiver of any right or as an admission concerning the relevance or admissibility of any matter.

VIII. SIGNATURE

Dated: [__/__/____]

Respectfully submitted,

Signature: [________________________________]
[________________________________], Atty. Reg. No. [____________]
Attorney for [Propounding Party]
[________________________________] (Firm Name)
[________________________________] (Street Address)
[________________________________] (City, State, ZIP)
[________________________________] (Telephone)
[________________________________] (Email)

IX. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a true and correct copy of the foregoing [PLAINTIFF'S / DEFENDANT'S] FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO [RESPONDING PARTY] was served upon counsel of record (or upon the party, if unrepresented) by the method indicated below, in accordance with Colo. R. Civ. P. 5:

☐ Through the Colorado Courts E-Filing (CCEF) system
☐ By electronic mail (by consent or order)
☐ By first-class United States mail, postage prepaid
☐ By hand delivery
☐ Other: [________________________________]

Served upon:

[________________________________], Esq.
[________________________________] (Firm Name)
[________________________________] (Street Address)
[________________________________] (City, State, ZIP)
[________________________________] (Email)
Atty. Reg. No.: [________________________________]

Signature: [________________________________]

X. PRACTICE NOTES

1. 35-Day Response Deadline. Under Colo. R. Civ. P. 34(b), a written response is due within 35 days after service, plus 3 days if served by mail (Colo. R. Civ. P. 6(e)). Confirm any case-management or scheduling order that alters discovery deadlines.

2. Proportionality. All discovery is bounded by the proportionality factors in Colo. R. Civ. P. 26(b)(1). Tailor each request accordingly to minimize objections and the risk of cost-shifting.

3. Not Filed With the Court. Under Colo. R. Civ. P. 5 and 121, discovery requests and responses are generally served, not filed, except as required in connection with a motion (e.g., a motion to compel under Colo. R. Civ. P. 37(a)).

4. Privilege Log. A privilege log compliant with Colo. R. Civ. P. 26(b)(5) is required to preserve privilege and work-product objections. Inadequate logs risk waiver.

5. Withholding Statements. Colo. R. Civ. P. 34(b) requires an objection to state whether any responsive materials are being withheld on the basis of that objection. Boilerplate, blanket objections are improper.

6. Motion to Compel. If the response is inadequate, a motion to compel under Colo. R. Civ. P. 37(a) is available; the motion must include a certification of a good-faith effort to confer (Colo. R. Civ. P. 121, § 1-12).

7. ESI Format. Specify the form of ESI production in the request. Consider an ESI protocol or stipulated order in document-intensive matters.

XI. SOURCES AND REFERENCES

• Colo. R. Civ. P. 26(b)(1) — Scope and Proportionality of Discovery
• Colo. R. Civ. P. 26(b)(5) — Claims of Privilege and Protection; Privilege Log
• Colo. R. Civ. P. 26(e) — Supplementation of Responses
• Colo. R. Civ. P. 26(g) — Signing of Discovery Requests and Responses
• Colo. R. Civ. P. 34 — Production of Documents and Things and Entry Upon Land for Inspection and Other Purposes
• Colo. R. Civ. P. 34(b) — Procedure; 35-Day Written Response; Form of ESI
• Colo. R. Civ. P. 37 — Failure to Make Disclosure or Cooperate in Discovery; Sanctions
• Colo. R. Civ. P. 5 — Service and Filing of Papers
• Colo. R. Civ. P. 6 — Time; Additional Time After Service by Mail
• Colo. R. Civ. P. 121, § 1-12 — Duty to Confer
• Colorado Judicial Branch (Rules and Forms): https://www.coloradojudicial.gov
• Colorado Rules of Civil Procedure (Court Rules): https://www.courts.state.co.us/Courts/Supreme_Court/Rule_Changes.cfm

This template is designed for use in the Colorado District Court. Verify all C.R.C.P. citations, confirm any applicable case-management or scheduling order and local district practices, specify the form of ESI production, and tailor each request to the specific claims and defenses at issue. Have the document reviewed by a licensed Colorado attorney before service.