In re the Marriage of Gromicko

Summary

The Colorado Supreme Court reviews a discovery order requiring nonparty InterNACHI to produce business records in a dissolution-of-marriage proceeding. The court holds that the wife was not required to plead a corporate-veil-piercing claim in the dissolution petition, but concludes that the district court failed to actively manage and tailor discovery to the reasonable needs of the case. The court makes the rule absolute, vacates the overbroad discovery order concerning alter-ego allegations, and remands for further proceedings.

Holdings

1. A petitioner in a Colorado dissolution proceeding is not required to plead a corporate-veil-piercing claim in the dissolution petition before seeking discovery concerning an entity allegedly related to the respondent.
2. When a person or entity objects to the scope of discovery, the district court must actively determine the appropriate scope of discovery in light of the reasonable needs of the case and tailor discovery to those needs, considering proportionality and cost-benefit factors.
3. The district court abused its discretion by permitting virtually unrestricted discovery concerning the alleged alter-ego relationship instead of initially limiting discovery to information reasonably necessary to establish whether the alter-ego factors were present.

Questions Presented

1. Whether a petitioner in a Colorado dissolution proceeding must plead a corporate-veil-piercing claim in the dissolution petition before seeking discovery concerning an entity allegedly related to the respondent.
2. Whether the district court abused its discretion by denying InterNACHI's motion to quash and permitting broad discovery without determining and tailoring the appropriate scope of discovery.
3. Whether the Colorado Supreme Court should exercise original jurisdiction under C.A.R. 21 to review the interlocutory discovery orders.

Disposition

reversed_and_remanded