Discovery and Records Unit

Discovery

Access to JusticeWeb has been discontinued May 31, 2020.

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:

1. 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;
2. An employee of the attorney of record, or professional courier authorized by the attorney of record to receive discovery, or
3. 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.

E-Discovery is available for Attorneys on the CDAC State System

PRO SE Discovery

If you are pro se (not represented by an attorney because you wish to represent yourself) below is the following information:

• Please be advised that you will need to bring a valid photo ID with you in order to receive your discovery and that another individual cannot pick up the discovery for you.
• If your case is pending in Longmont, you must go to the Longmont Justice Center at 1035 Kimbark, Longmont to pick up your discovery.
• If your case is pending in Boulder, you must go to the Boulder Justice Center at 1777 6th Street in Boulder to pick up your discovery.
• Paper request forms can also be obtained at either of these locations.
• A pro se discovery request can also be filled electronically by visiting the pro se discovery request page.

Open Records Requests

Any other requests for records or information contained in a criminal case should be submitted by visiting the Open Records Portal. Paper request forms can also be obtained at the District Attorney’s front desk at the Boulder Justice Center at 1777 6th Street in Boulder. If a request is submitted by paper, a portal request and account will be created for the requestor.

Such requests are reviewed and considered pursuant to the Colorado Criminal Justice Records Act (“CCJRA”) (sections 24-72-301 to 309, C.R.S). Please see the portal for answers to frequently asked questions and information regarding records requests. All requests are managed through the portal including, but not limited to, requestor communications, request updates, cost estimates, and release of records.

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:

The requestor must approve the cost estimate in writing before our office will begin work on fulfilling the records request. Additionally, requestors may be required to submit an advance deposit of the expected cost before our office will begin completing the request.

Costs associated with a request must be paid in full before records will be produced.