In Re District Court, City and County of Denver, 09cv7235. Cedar Street Venture, LLC a Colorado Limited Liability…

Summary

The court held that financial records identifying a litigant's compensation and compensation methodology are subject to special privacy protection in discovery. A party seeking such records must establish relevance, a compelling need or compelling state interest, lack of alternative sources, and use of the least intrusive means; because the trial court applied a lesser standard and shifted the burden improperly, the court made the rule absolute, reversed the fee award, and remanded. Justice EID, concurring in the judgment, would apply the framework only to this private-party financial-discovery dispute and leave its broader application for another day.