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IN RE DISTRICT COURT

No. 10SA374.

256 P.3d 687 (2011)

In re DISTRICT COURT, CITY AND COUNTY OF DENVER, 09CV7235. Cedar Street Venture, LLC a Colorado limited liability company and Montage Project Joint Venture, Plaintiffs, v. Richard D. Judd and Robinson Waters & O'Dorisio, P.C. and District Court, City and County of Denver, 09CV11018, Defendants. Moreland/Manoogian, LLC and Tamsen Investments, LLC, Plaintiffs, v. Richard D. Judd, Stephen L. Waters, and Robinson Waters & O'Dorisio, P.C., Defendants.

Supreme Court of Colorado, En Banc.

June 27, 2011.

Attorney(s) appearing for the Case

The Law Offices of Peter R. Bornstein , Peter R. Bornstein , Denver, Colorado, Attorneys for Plaintiffs Cedar Street Venture, LLC and Montage Project Joint Venture.

Featherstone Petrie DeSisto LLP, Andrew J. Petrie , Lisa A. Lee , Sarah Block Wallace , Denver, Colorado, Attorneys for Plaintiffs Moreland/Manoogian, LLC and Tamsen Investments, LLC.

Gordon & Rees LLP, John M. Palmeri , Heather K. Kelly , Denver, Colorado, Attorneys for Defendants.

Justice RICE delivered the Opinion of the Court.

In this original proceeding, we determine whether a litigant may compel discovery of financial documents which identify an opposing litigant's compensation and how that compensation is determined. We hold that a litigant has a personal right to privacy in these types of financial records and that disclosure is only required if the requesting party proves that: (1) the documents are relevant to the subject matter of...

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