Discovery

Discovery is the term used to describe the information, facts, documents, and other materials the District Attorney’s Office will rely upon to prosecute

a case.  The accused person or defendant in a case has the right to obtain access to this information to prepare their defense.  After a case has been referred to our office by a law enforcement agency and charges have been filed, our office will open a case against the defendant. All investigative reports and other information is placed in the case file as it is received and will become discovery in the case.  The discovery will then be available for the defense counsel or the defendant.  The District Attorney has an “all or nothing” policy with regards to discovery.  All requests for discovery will be treated as continuing requests until a case is closed. Additional discovery received in a case will be processed, and provided until the case is closed, or counsel notifies us they have withdrawn.

Defense Attorneys: please read letter from 4^th DA HERE

Requesting Discovery

Discovery may be ordered HERE or in-person at the Discovery Department

 located in the District Attorney’s Office on the 1st Floor.

Hours are 8:00 a.m. to 12:30 p.m. Monday – Friday

Phone: 719.520.6135

• Discovery will not be released to the Defendant if they are represented by counsel unless Discovery is needed for Evaluations ordered by the court, i.e., Domestic Violence Evaluations and/or classes.
• Misdemeanor and Traffic cases may be requested after Arraignment.
• Felony and Juvenile cases may be requested after Filing of Charges. 

Discovery Pickup:

Defendants will be required to provide photo identification at time of pick up.  You may bring a USB drive to pick up the Discovery you ordered. Alternatively, if you do not have access to a USB drive, the discovery will be provided to you on a disc. Initial discovery for all cases may take 3-5 business days to process after the request has been made.  The Discovery Department will notify you when discovery is available for pick up.

Please Note - Orders that are ready and are waiting to be picked up for more than 90 days will be considered Refused/Expired. These orders will be removed from our system and will have to be re-ordered.

Discovery via Website Download – (Attorneys Only)

Attorneys may register to receive a Discovery Order by downloading files from our eDelivery website, instead of having to physically come to our office.  Attorneys can register for eDiscovery delivery HERE For a tutorial on the process, please click HERE.

The discovery process is triggered with our office when an order is initiated through our online ordering system.

PLEASE NOTE: 

We do not release discovery on criminal matters that do not have future pending court dates or when the criminal matter is closed with the court.  There are minimal exceptions to this. The exception is if the case has come back after appeal, or a revocation hearing is scheduled with the Courts and a new attorney is appointed.  If you need additional clarification or have additional questions about whether your situation is an exception, please call the District Attorney’s Office at 719.520.6000.

Victims Discovery

With DA approval, victims of crime may request and receive partial discovery for the criminal incident in which they are a victim.  We do not release discovery on criminal matters that do not have future pending court dates or when the criminal matter is closed with the court.  If you are a victim of crime and would like to request discovery, please submit an order for the discovery through our online ordering system.

• Click HERE for Discovery Request Status

• Solutions to common Discovery issues can be found HERE