This month, Presiding Judge John M. Marcucci of the Denver County Court issued a Standing Order for Interrogatories pursuant to Colorado Rules of County Court Civil Procedure Rule 369. The order changes motion and filing requirements for Judgment Creditors and Debtors. Judgement Creditors may propound Pattern Interrogatories without further motion or order from the court and Judgement Debtors need only forward their Answers to Interrogatories to the Creditor and not file them with the court.
IT IS HEREBY ORDERED that when a party has obtained a judgment against the opposing party in a civil action in the Denver County Court and thereby becomes a Judgment Creditor; that the Judgment Creditor may propound Pattern Interrogatories to the Judgment Debtor without further motion or order from the Court, pursuant to Rule 369, C.R.C.P. and this Order;
FURTHER, the Judgment Debtor’s Answers to Interrogatories shall be forwarded to the Judgment Creditor only and said Answers shall not be filed with the Court by the Judgment Debtor. Interrogatories shall include in the instructions that:
“JUDGMENT DEBTORS ARE TO FILE THEIR ANSWERS WITH ONLY THE JUDGMENT CREDITOR AND NOT THE COURT.”
FUTHER, Court Clerks issuing specifically Court approved Non-Pattern Interrogatories pursuant to Rule 369, C.R.C.P., shall deliver a copy hereof to the Judgment Creditor for service with the Interrogatories;
FURTHER, all Motions for Contempt Citations for failure to properly answer said Interrogatories shall be in compliance with Rule 407(c) C.R.C.P. A Motion and Order for Contempt Citation, along with the Show Cause Citation itself are to be filed with the Court for issuance. A copy of the Answers to Interrogatories, if any, and a proper return of service for the Interrogatories shall be included with said Motion.
FINALLY, the ORDER OF THE DENVER COUNTY COURT PRESIDING JUDGE, dated March 21, 2008, is hereby repealed.
A copy of the official signed order may be viewed here.
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