On request, the Colorado Court of Appeals will now send a copy of an unpublished opinion directly to your email! All you need to know is the case name and case number. Go to their website to fill out the form. Hit “submit,” and your request will be answered by 5 p.m. the following business […]
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This post is meant as a follow-up to Civil Access Pilot Project: Making Colorado Courts More Efficient? If you haven’t read it yet, I (predictably) recommend you do so before proceeding. As I noted in that piece, the CAPP rules significantly alter the Colorado Rules of Civil Procedure for the first 90 to 133 days […]
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You can no longer leave the following voicemail: “Hi. I see you were already served with the records subpoena. If you want to avoid attending the records deposition, please forward copies of the requested documents to my attention.” I repeat: You can no longer leave that voicemail. The Colorado Supreme Court recently articulated the procedural […]
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I recently sent a demand letter to out-of-state counsel. I am local counsel, working on the same matter, for the same client. Why would I need to send a demand letter to my co-counsel, you ask? That’s a very good question. It’s my policy to update my clients regarding the status of their case, regardless […]
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If you haven’t cruised around the Colorado Secretary of State’s website lately, then I suggest you do. It’ll be worth your time. I do quite a bit of business law in my practice. Part of my new client enrollment checklist is to subscribe to notifications from the Colorado Secretary of State related to the client’s […]
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In Colorado, collateral source matters are governed by both common law and statute. The collateral source rule consists of two components: (1) a post-verdict set-off rule; and, (2) a pre-verdict evidentiary rule. Historically under the common law collateral source rule, any third-party payments or benefits received by a plaintiff accrued solely to the plaintiff’s benefit […]
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Earlier this year, we, as attorneys, were blessed by the Colorado Supreme Court’s decision to completely overhaul the procedure for practicing law in Colorado. Dubbed the Colorado Civil Access Pilot Project, or CAPP for short, its new procedures apply in (1) “Business Actions” (2) filed between Jan. 1, 2012, and Dec. 31, 2013 (3) in […]
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The video-conference deposition itself sounds like a great idea. After all, we were supposed to have flying cars and robot maids by now. However, the reality of video-conference deposition reveals many, many challenges. The first and most obvious challenge is the technology. Through trial and error, I would always suggest using a court reporter’s office, […]
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After discharge from the hospital, it is essential to follow the discharge instructions. These will include a referral to a provider for after-care and follow up, information on any prescription medications, and strict return precautions. Following up with the referral provider on or before the scheduled or suggested date is key for documentation of injuries […]
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In this business, it seems that both insurance and plaintiff’s lawyers spend much of their time focusing on which side has the most persuasive expert. For instance, in a contested liability car crash, both sides may end up hiring accident reconstructionists to opine as to the forces that a plaintiff would have experienced in a […]
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