Phillips v. Lincare Inc. et al

Filing 5

ORDER For Discovery Protocol by Russell H. Granger, District Court Judge on 06/04/2013. (dbera, )

CLEAR CREEK COUNTY, STATE OF COLORADO
DISTRICT COURT
Court Address: 405 Argentine St., P.O. Box 367
Georgetown, CO 80444
PHILLIPS, HOWARD
DATE FILED: June 4, 2013

Plaintiff,
v.
LINCARE INC et al
Defendant(s).

 COURT USE ONLY 
Case Number:
13CV30010
Div. G
ORDER FOR DISCOVERY PROTOCOL

The following discovery protocols shall guide all counsel in their conduct
of written and oral discovery in this case.
PREAMBLE
Counsel are reminded that all discovery responses shall be made in the spirit and
with the understanding that the purpose of discovery is to elicit facts and to get to the
truth. The Rules of Civil Procedure are directed toward securing a just, speedy and
inexpensive determination of every action. The discovery process shall not be employed
to hinder or obstruct these goals nor to harass, unduly delay or needlessly increase the
cost of litigation.
These discovery protocols shall be considered as part of the responsibility of
parties and counsel to comply with the Rules of Civil Procedure relating to discovery.
PLEADINGS NOT TO BE FILED WITH THE COURT
Rules 5 (d) and 121, Section 1-12, CRCP provide that interrogatories,
requests for admission, requests for production, depositions, and responses thereto are
NOT to be filed with the court. Further, if relief is sought under Rules 26(c) or Rule
37(a), CRCP, only copies of the relevant portions of discovery are to be submitted.
Finally, the court will not entertain Rule 37 (a) Motions unless accompanied by the
required certification of conferring with counsel.

WRITTEN DISCOVERY
1.

The parties should refrain from interposing repeated boilerplate type objections
such as “overbroad, unduly burdensome, vague, ambiguous, not reasonably
calculated to lead to the discovery of admissible evidence” and other similar

objections. In the event any such objections are made, they shall be followed by a
clear and precise explanation of the legal and factual justification for raising such
an objection. Additionally, if the objecting party otherwise responds to the
discovery request but does so subject to or without waiving such an objection, that
party shall describe with reasonable specificity the information which may be
available but which is not being provided as a result of the objection raised.
2.

When a responding party claims not to understand either a discovery request or
the meaning of any words or terms used in a discovery request, that party shall,
within fourteen (14) days of receiving the discovery request, seek clarification of
the meaning from counsel who served the discovery. A failure to seek such
clarification shall be considered a violation of this Order for Discovery Protocol.

3.

A discovery response which does not provide the information or material
requested but promises to do so at some point in the future will be treated as the
equivalent of no response unless the party so responding provides a specific
reason for the information not being produced as required by the Rules of Civil
Procedure, and also provides a specific date by which such information will be
produced.

4.

A response to a discovery request that does not provide the information or
material requested but rather states that the party is continuing to look for or
search for such information or material will be treated as the same as no response
unless that party provides a clear description of where such information or
material is normally located, who is normally in custody of such information or
material, where the party has searched, the results of the search, as well as the
identity of all persons who have engaged in such a search. The responding party
shall also provide a clear explanation of the ongoing search and a specific date by
which the search will be complete.

5.

Whenever a party objects to discovery based upon a claim of attorney/client
privilege, work product protection or any other privilege or protection, that party
shall produce a detailed privilege/protection log that includes at least the
following for each such item for which privilege is claimed:
a. The information required by C.R.C.P. 26(b)(5);
b. The date of the information or material;
c. All authors and recipients; and
d. The specific privilege or protection which is claimed.
DEPOSITIONS

1.

Depositions shall be conducted in compliance with the Colorado Rules of Civil
Procedure, including Rule 121, Section 1-12 regarding the scheduling of
depositions.

2.

During all depositions, counsel shall adhere strictly to C.R.C.P. 30(d)(1) and (3).
No objections may be made, except those which would be waived if not made
under C.R.C.P. 32(d)(3)(B) (errors, irregularities), and those necessary to assert a
privilege, to enforce a limitation on evidence directed by the Court, or to present a

C.R.C.P. 30(d)(3) motion (to terminate a bad faith deposition). Objections to form
shall be stated: “Objection as to form.” Any further explanation is inappropriate
and prohibited unless specifically requested by the attorney asking the question.
3.

There shall be no speaking objections. It is inappropriate and prohibited for an
attorney, during the course of questioning, to advise a witness to answer “if you
know,” or “if you remember.” It is similarly prohibited for an attorney during
questioning to advise a witness not to speculate. All such questions shall be
considered speaking objections. All deponent preparation shall be conducted prior
to the commencement of the deposition and shall not take place during the course
of the deposition.

4.

It is appropriate for the deponent to request clarification of a question. However,
it is not appropriate for counsel to do so.

5.

A deponent and an attorney may not confer during the deposition while questions
are pending. Similarly, neither a deponent nor counsel for a deponent may
interrupt a deposition when a question is pending or a document is being
reviewed, except as permitted by C.R.C.P. 30(d)(1).

6.

Counsel shall refrain from excessive objections that have the purpose or effect of
disrupting the flow of questioning or the elicitation of testimony.

7.

Counsel may instruct the deponent not to answer only when necessary to preserve
a privilege, to enforce a limitation on evidence directed by the Court, or to present
a motion under paragraph 3 of C.R.C.P. 30(d). Whenever counsel instructs a
witness not to answer a question, counsel shall state on the record the specific
reason for such an instruction, the specific question, part of a question or manner
of asking the question upon which counsel is basing the instruction not to answer
the question.

DATED: June 4, 2013

BY THE COURT

Russell H. Granger
District Court Judge