§ 13-20-206 — Unlawful to name correspondent

It is unlawful for any person,
either as litigant or attorney, to file, cause to be filed, threaten to file, or threaten to
cause to be filed in any court of this state any pleading or paper naming or
describing in such manner as to identify any person as correspondent or participant
in misconduct of the adverse party in any action for dissolution of marriage, legal
separation, declaration of invalidity of marriage, or the allocation of parental
responsibilities or support of children, or in any citation or proceeding ancillary or
subsequent to such action. In all such cases it is sufficient for such pleader to
designate any such correspondent or third party in general language that is not
sufficient for identification, and such general language shall operate with the same
legal effect as complete naming and identification of the person would do; except
that the adverse party may file a motion for a bill of particulars to secure such
name, identity, or other facts. The granting of such motion, in whole or in part, rests
in the sound discretion of the court; and, if ordered granted, the bill of particulars
shall set forth the information specifically required by said order, but no further,
and when filed the same shall be sealed, not to be opened without an order of the
court. If the motion for a bill of particulars is granted, the party named in said bill of
particulars shall be given five days' notice in writing prior to the filing of the same,
said notice to be given either by personal service or by registered mail addressed to
his last-known address.

Legislative History

Source: L. 37: p. 406, � 7. CSA: C. 24A, � 7. CRS 53: � 41-3-6. C.R.S. 1963: � 41-3-6. L. 98: Entire section amended, p. 1392, � 26, effective February 1, 1999.