An individual litigating against a public entity who did not make discovery requests still has a right to obtain documents relevant to the case through open records requests, the Colorado Court of Appeals ruled Dec. 19 in a novel opinion.

The plaintiff, Matt Roane, an attorney specializing in open records litigation, brought a declaratory judgment against the Archuleta County Board of County Commissioners for an alleged violation of Colorado’s open meetings statute, requiring parties to make disclosures and allow limited discovery.