Penalty for Disobedience of Discovery Orders In Colorado
Section 8-43-304(1) C.R.S. 1999 provides for the imposition of a penalty up to $ 500 per day if a party fails or refuses to perform a duty lawfully required within the time prescribed, for which no penalty has been specifically provided. the penalty provided in that section applies only when there is not a specific penalty for the violation. Sears v. Penrose Hospital, 942 P.2d 1345 (Colo. App. 1997).
Section 8-43-207(1)(e), C.R.S. 1999, provides that the director or the Administrative Law Judge "may rule on discovery matters and impose sanctions provided in the rules of civil procedure for willful failure to comply with permitted discovery."
A court is justified in imposing a sanction under 8-43-207(1)(e) if a party's disobedience of discovery orders is intentional or deliberate or if the party's conduct manifests either a flagrant disregard of discovery obligations or constitutes a substantial deviation from reasonable care in complying with discovery obligations. Sheid v. P, supra; see also Sears v. Penrose Hospital, supra (meaning of "willful" as used in 8-43-401, C.R.S. 1999); City of Las Animas v. Maupin, 804 P.2d 285 (Colo. App. 1990)(whether violation of safety rule was willful).