What is Discovery?
Discovery is the process by which the prosecuting attorney’s office provides factual basis of a criminal offense to the defendant or their counsel as governed by the Colorado Rules of Criminal Procedure. Discoverable materials include items such as police reports, witness statements, criminal history reports, lab reports, photos, interviews, and other information regarding the guilt or innocence of the defendant. Additional discoverable materials, such as supplemental reports, lab results, interviews, and such are typically generated throughout the progression of a criminal prosecution and are made available when they are received by the prosecuting attorney’s office.
Anyone other than the defendant or the defendant’s attorney wishing to request discoverable materials from the District Attorney’s file must do so by filing a Criminal Justice Records Request (also known as a Civil Discovery Request). The requestor must complete a Criminal Justice Records Request Form and submit it to our office with a $25 review fee*. Once received, a lawyer will review the request to determine what materials, if any, are approved for release. Approved documents are then forwarded to the records department for processing and production. Any documents produced as a result of a criminal justice records request will be redacted of all personal information for all involved parties.
*All fees will be waived when the victim is the requesting party
Before a defendant or attorney can be provided with discovery materials, they must request them.
Defendants- Discovery may be requested by the defendant by clicking this link ProSe Form, and filling out the information, only if the defendant does not have an attorney.
Defense Attorney- Once the defendant retains an attorney, the District Attorney’s office will only accept a discovery request from the defendant’s attorney. That attorney can place their Entry of Appearance and Discovery request with the Court. Our office will receive notification from the Court themselves.
Once a request is received, the discovery department will reference court records to verify that the defendant is represented and process the request within 10 business days. The requesting party will be notified by CDAC that there is discovery ready through the E-discovery process.