Discovery
In criminal proceedings, defendants have the right to obtain “Discovery.” This includes 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. 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 (pro se).
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 and other evidence in the case are then requested and processed for discovery when they are received.
Please be aware that until a summons issued by law enforcement is filed with the court, the district attorney’s office will not have discovery available for the defense.
PRO SE Discovery (Active Cases Only)
Pro Se Discovery is only provided to defendants for open or active criminal cases. If you are not a defendant or if the case is closed, you must submit an Open Records Request instead.
If you are a defendant planning to represent yourself without an attorney (appearing Pro Se), please be advised of the following information:
Discovery will only be available after a summons and/or complaint have been filed with the court.
You will need to provide a valid photo ID in order to receive your discovery.
Another individual cannot request or receive discovery for you.
All requests should be submitted electronically by visiting the Pro Se Discovery Request Form page. Discovery can be requested and/or provided in person for extenuating circumstances only.
Open Records Requests
Any other requests for records or information contained in a criminal case should be submitted via email to record_request@da12.state.co.us.
Such requests are reviewed and considered pursuant to the Colorado Criminal Justice Records Act (“CCJRA”) (sections 24-72-301 to 309, C.R.S).
Pecuniary Gain, C.R.S. 24-72-305.5 requires all requestors to sign a statement affirming that the records will not be used for the direct solicitation of business for pecuniary gain. This form will be provided upon request submission. Requests will not be processed until the signed statement is received.
Due to a continued increase in CCJRA and CORA request submissions and limited staff availability, our office requires requests to be very specific of the case documents and media being requested. If a request is not specific, we may deny the request or first provide police/investigative reports to assist requestors in identifying the specific case files they wish to request.
Please be advised that submitted CCJRA requests may have costs associated with their production. Estimated costs include time required for staff to search for, retrieve, redact, review, assemble, and transmit the records. Cost estimates are provided to requestors via the portal following request submission. Request costs are estimated using the following table:
