Discovery

Requests discovery in the following ways

  • Entry of Appearance from defense counsel
  • Mailed/faxed written request from defense counsel
  • Submission of the Discovery Request Form to the applicable county office (see contact information for address)

Defendant’s represented by an attorney must go through their attorney to obtain their discovery.

Discovery Fees

There is no cost for discovery on open cases for the defendant or their attorney.

Initial Discovery Procedures

Upon receipt of an entry of appearance from the defense attorney, when discovery is available (initial material usually available within 3 weeks), it will be emailed, mailed or placed in defense attorney’s box for pick-up.  If a defendant does not have an attorney they will need to submit their request on the Discovery Request Form in person or by email as directed on the form. 

Incomplete Discovery Request forms from unrepresented defendant’s cannot be processed!

Supplemental Discovery Procedures

Defendants represented by attorneys:  When additional information is received, subsequent discovery availability notification will be emailed to defense counsel.

Unrepresented defendants:  If a completed Discovery Request Form has been received, supplemental discovery will be provided as it becomes available to the District Attorney’s Office from the investigating law enforcement agency.

Requests For Discovery From Victims

To ensure the security of private information, Discovery Request Forms must be submitted by the victim or their designated representative. The request will be forwarded to the assigned prosecuting attorney for assessment based on the needs of the case – providing discovery material to victim’s is a complicated, case-specific issue.  Victims’ can contact the Victim/Witness Coordinator in the applicable county office for more information about the issues involved. Victims’ will be contacted within 7 to 10 business days informing them of the outcome of the request. Victims will not be charged for discovery material.

Requests For Public Records/Information

A Records Request form for criminal justice or public records must be filled out and submitted to the county office where the primary records exist.  The request will be reviewed by an attorney for approval or denial pursuant to Colorado law. The requesting person will receive a response within the time allotted under Colorado law. Proper ID will be required prior to releasing any information. The cost for providing the records/information will be between $18 and $100/hour, depending on what type and number of employee(s) is needed to assess the request, and $.25 a page.

Certain information in certain cases must remain confidential under Colorado law.  Redacted records may take additional time to process.

General Information

Occasionally, we receive discovery requests from significant others, parents of adult defendants, etc., on behalf of the defendant or juvenile. In order to verify and release discovery to someone other than the defendant, we require a notarized release signed by the defendant authorizing their adult representative to receive discovery and a photo ID from the adult representative.  A defendant represented by an attorney must obtain all discovery through their attorney.  An unrepresented defendant can obtain one single copy of the discovery material – duplicates will not be provided to non-attorney associates, friends or families of the defendant, but persons in those categories may request the material under the Colorado Criminal Justice Act by following the procedures above regarding “Public Records/Information”.

We also occasionally receive discovery requests from attorneys who have not entered on a case: They must fill out a criminal justice records request – requests from attorneys who do not have an Entry of Appearance on file in the Register of Actions in the court database are not authorized to receive discovery under Colorado rules of procedure and MUST request information through the criminal justice records request form.

In order to help facilitate the full and free flow of appropriate information in a timely way, the defendant or their attorney have a functional responsibility to notify the District Attorney’s Office if they believe they are missing any discovery material:  We cannot fix a problem we do not know exists.