Beginning May 1, 2017, Defendants will not be charged for discovery.
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:
- An attorney of record, who has filed an entry of appearance on behalf of the defendant in the case for which the request is being made;
- An employee of the attorney of record, or professional courier authorized by the attorney of record to receive discovery, or
- A defendant who is not represented by an attorney.
Any other requests for discovery or information contained in a criminal case MUST be submitted in writing to:
Custodian of Records, District Attorney, 20th Judicial District
P.O. Box 471
Boulder CO 80306
Such requests are pursuant to the Colorado Criminal Justice Records Act.
ATTORNEYS PLEASE NOTE: Discovery will not be released directly to a Defendant who is represented by an Attorney.
- 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 CD as a 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.
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
- 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 CD as a 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 3 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 can be paid for and picked up at the District Attorney’s Office anytime between 8 a.m. and 12 p.m., and from 1 p.m. to 5 p.m. during regular county workdays. The office is closed from noon until 1 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.
- 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.
Ordering Discovery For A Particular Type Of Case
Additional Contact Information
Felony Discovery Unit
Misdemeanor, Traffic and Juvenile Discovery Unit