May 23, 2018

Colorado Supreme Court: Trial Court Erred by Failing to Balance Privacy Right with Need for Information in Discovery Dispute

The Colorado Supreme Court issued its opinion in In re Gateway Logistics, Inc. v. Smay on Monday, April 15, 2013.

Privacy Interests—CRCP 26.

In this original proceeding brought under CAR 21, the Supreme Court concluded that the trial court abused its discretion by granting a motion to compel discovery without making findings of fact balancing defendants’ asserted privacy interest with plaintiffs’ need for the information sought, as required by In re District Court, 256 P.3d 687 (Colo. 2011). Accordingly, the Court made the rule absolute, vacated the portion of the trial court’s order compelling the discovery, and remanded the case to the trial court.

Summary and full case available here.

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