Discovery Unit

In criminal proceedings, defendants have the right to obtain “Discovery”. With the Discovery information, the defendant can test the prosecution’s evidence and prepare their defense.

In Colorado criminal cases, the right to Discovery is governed by Rule 16 of the Colorado Rules of Criminal Procedure.

*** By law, the only persons authorized to order and pick up discovery in a criminal case are:

ATTORNEYS PLEASE NOTE: Discovery will not be released directly to a Defendant who is represented by an Attorney.

Discovery:

• Refers to the right of the accused person, or “defendant”, to obtain access to the information the District Attorney’s Office will rely upon to prosecute a case. 
• Entitles a defendant to purchase copies of all the police reports pertaining to the case, as well as any witness statements, reports of experts, photographs, and any audio or visual recordings that will be used to prove the case against a defendant.
• The District Attorney has an “all or nothing” policy with regard to Discovery.  All requests for Discovery will be treated as continuing requests until a case is closed.

Felony Case Discovery

All initial discovery in felony cases will be scanned and provided on a compact disk as an Adobe™ .PDF file.  If charges have not yet been filed with the Court, no discovery will be provided.

Misdemeanor & Traffic Case Discovery

Misdemeanor and traffic case discovery is provided as a paper copy of the police reports relevant to a case.  When discovery is requested in a case being heard in the Boulder courthouse, the Discovery Unit staff will copy the reports and any CD or DVD media contained in the file.

Juvenile Case Discovery

Juvenile case Discovery is provided as a paper copy of the police reports relevant to a case.  When Discovery is requested, the Juvenile Unit staff will copy the reports and any CD or DVD media contained in the file.

Discovery Requests

When Discovery is requested, the staff of the Discovery Unit will create a “Request for Discovery”, which will be attached to the documents copied pursuant to the Discovery request.

We will need the following information to process your request:

• Defendant name
• Case number
• Attorney’s name (if represented)
• Attorney or defendant’s phone number

Additionally...

• A defendant will be required to provide photo identification.
• An attorney must have filed an entry of appearance on behalf of a defendant before Discovery will be supplied.
• All initial Discovery in felony cases will be scanned and provided on a compact disk as an Adobe™ .PDF file. 
• Large volume Discovery – includes, but is not limited to, cases containing charges of Class I Felony or cases that most likely will contain more than 1,000 pages of Discovery.
• Discovery Request Turn Around Time
• In routine cases, where the District Attorney’s Office already has a copy of the reports provided by law enforcement, the Discovery will be available within three business days of the request. 
• In most cases, Discovery will be available no later than 5 days after the filing of charges. 
• In complex cases, or when reports from the law enforcement agency must be requested, the Discovery will be available after the reports have been received and copied.

Discovery Payment

• All available Discovery must be paid for at the time of pick up or none will be released.
  • Copies are priced at reasonable fees.
  • Cost Per Page: $.25
  • CD/DVD: $15.00
  • Large Volume CD: $50.00
  • Audio tape: $5.00
  • Mail/handling charge: $5.00
• Acceptable forms of payment are as follows: cashier's checks; money orders; cash for amounts of $5.00 or less (exact change only); and personal checks from counsel only.  We do not accept credit or debit cards.

Pickup Locations

• Discovery can be paid for and picked up at the District Attorney’s Office anytime between 8:00 a.m. and 12:00 p.m., and from 1:00 p.m. to 5:00 p.m. during regular county workdays.  The office is closed from noon until 1:00 p.m.
• Boulder: If a case is filed at the Boulder courthouse, Discovery will be made available at the District Attorney’s Office in Boulder.
• Longmont: If a case is filed at the Longmont courthouse, Discovery will be made available at the District Attorney's Office in Longmont.

Case Process

• After a case has been referred to our office by a law enforcement agency and charges have been filed, the District Attorney’s Office will open a case on the defendant. 
• All police reports for the case are then requested and placed in the case file when they are received.
• The police reports received from a law enforcement agency become the “Discovery” in the case.
• No Discovery will be provided if there is an outstanding order for Discovery that is unpaid. 

Ordering Discovery For A Particular Type Of Case

Felony Cases
Juvenile Cases
Misdemeanor and Traffic Cases

Additional Contact Information

Felony Discovery Unit
303-441-3783
email

Juvenile Discovery Unit
303-441-3700
email

Misdemeanor and Traffic Discovery Unit
303-441-1624
email