DEPARTMENT OF LOCAL AFFAIRS
BOARD OF ASSESSMENT APPEALS
8 CCR 1301-1

AMENDED RULES

On July 24, 2013, the Board of Assessment Appeals amended Rule 11: Notice of Hearing, Exchange of Documentary Evidence and Other Discovery as follows:

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Rule 11: Notice of Hearing, Exchange of Documentary Evidence and Other Discovery

Rule 11 (a)	The Board shall mail a notice of hearing to all parties at least 30 calendar days prior to the hearing.

Rule 11 (b)	All parties shall exchange all documentation (supply exhibits, including any audio, video or photographic evidence and a list of witnesses) at least 10 business days prior to the hearing.  Three business prior to the hearing all reply documentation pertaining to the evidence submitted in the 10 business day exchange of documentation must be exchanged with all parties.  Four copies are to be filed with the Board and one copy is to be served on each party and intervenor.  All documentary evidence exchanged or filed with the Board shall be paginated.  The Board may order different deadlines for document exchange on a case by case basis upon a motion filed by either party or in the discretion of the Board on the Board’s own motion.  

Rule 11 (c)	The Board will not accept any information NOT submitted within the 10 business days prior to the hearing by the due date in Rule 11(b) except as otherwise required by these rules or as the interests of justice and fairness dictate in the Board’s discretion.

Rule 11 (d) 	Any party or intervenor may move for an order permitting discovery under the Colorado Rules of Civil Procedure Rules 26 through 37.  Permission to conduct discovery under the Colorado Rules of Civil Procedure shall not excuse compliance with paragraph (b) of this rule.  In appeals that only involve non-residential commercial OR INDUSTRIAL real property or multi-family residential real property with more than 20 units, any party or intervenor may serve requests for production of documents and requests to permit entry upon land or other property on any other party in accordance with Rule 34 of the Colorado Rules of Civil Procedure at least 60 calendar days prior to the hearing without filing a motion for permission to conduct discovery with the Board.  Discovery materials under the Colorado Rules of Civil Procedure shall not be filed with the Board.  Discovery materials shall be filed in connection with discovery motions when pertinent and material to the proceedings and when used in a hearing.