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Colorado Supreme Court Tackles Excessive Discovery

Trial courts should play a more active role in managing discovery objections, the high court ruled.

By Alanna Byrne | Updated on July 09, 2013

Much has been written about the onerousness of overly broad discovery requests. Now Colorado’s high court is fighting back against excessive discovery with its ruling that trial courts should take a more active approach when it comes to addressing such requests.

The ruling came as part of breach of contract litigation between the oil and gas companies DCP Midstream and Anadarko Petroleum Corp. During the discovery phase, DCP sent Anadarko 58 requests for millions of pages of documents. Anadarko refused to comply, arguing that many of the requests were not related to the breach of contract claims and thus were outside the scope of discovery.

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