An application to the court for a protective order or to enforce, quash, or modify a subpoena issued by a clerk of court under section
must comply with the rules or statutes of this state and be submitted to the district court for the county in which discovery is to be conducted. 13-90.5-103 Cite as C.R.S § 13-90.5-106 History: L. 2008: Entire article added, p. 197, § 1, effective August 5. Note: OFFICIAL COMMENT
The act requires that any application to the court for a protective order, or to enforce, quash, or modify a subpoena, or for any other dispute relating to discovery under this Act, must comply with the law of the discovery state. Those laws include the discovery state's procedural, evidentiary, and conflict of laws rules. Again, the discovery state has a significant interest in protecting its residents who become non‐party witnesses in an action pending in a foreign jurisdiction from any unreasonable or unduly burdensome discovery requests, and this is easily accomplished by requiring that any discovery motions must be decided under the laws of the discovery state. This protects the deponent by requiring that all applications to the court that directly affect the deponent must be made in the discovery state.