Are the new Colorado Rules of Civil Procedure for “Business Actions” likely to work and/or are they working to make the resolution ...

Are the new Colorado Rules of Civil Procedure for “Business Actions” likely to work and/or are they working to make the resolution of disputes cheaper, faster and more just?

The new Colorado Pilot Rules of Civil Procedure contemplate that “Business Actions” will move along cheaper and faster because judges are instructed to provide active case management. In my view, the Colorado Judicial System is too overworked and underfunded to provide active case management. It is the inability of overworked and underfunded judges to make timely discovery related rulings that has led to the expense and delay currently being experienced. Even though active case management is unlikely to happen, the resolution of disputes will nonetheless occur faster and cheaper because the Pilot Rules force the discovery process to move along even when judges are not able or willing to make timely discovery related rulings. The big question is whether the Pilot Rules will make the process more just? Whether the new rules will make the process more just will depend upon whether judges strictly enforce the mandatory disclosure rules at or about the time of trial. If the disclosure requirements are strictly enforced (by denying the right to use information at trial that is not timely or adequately disclosed), the rules may lead to more just outcomes. If the disclosure rules are not aggressively enforced, the new rules could easily lead to gross injustice. Let’s hope that judges have the time and inclination to aggressively enforce the disclosure requirements once cases under the new Pilot Rules get to trial.