Discovery

What is “Discovery”?

Discovery is the procedure through which the District Attorney’s Office provides documents and other materials to the defense.  Discoverable material is submitted by the Denver Police Department and other agencies or obtained through further investigation.

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Discovery Requests

Discovery is available for active cases only.  (Requests for records in closed cases should be made through the District Attorney’s Records Requests procedure.)  Discovery will be provided only to defense counsel or to unrepresented defendants:

• Defense counsel may order discovery by emailing a request, along with an order of appointment or an entry of appearance, to discovery@denverda.org.
• Unrepresented defendants may request discovery by completing the Pro Se Discovery Request. (Parents of unrepresented juveniles may request discovery on the juvenile’s behalf.)  Discovery will not be provided to defendants who are represented by counsel.

Instructions for obtaining discovery may be heard by calling 720-913-9000.

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Delivery of Discovery

Discovery will be delivered, for free, through two channels:

1. eDiscovery. Electronic versions of documents (such as pleadings, reports, scans, and some photos) will be delivered through a link sent by the Colorado District Attorneys Council's eDiscovery site.
2. Evidence.com. Digital evidence (such as surveillance videos, body-worn camera videos, cell-phone extractions, computer forensic images, and online company warrant returns) will be delivered through Evidence.com.  If defense counsel has an agreement with Evidence.com, the digital evidence will be delivered through a partner share.  Otherwise, the evidence will be delivered through an emailed link that will allow the material to be downloaded. Note:  In some cases, a great deal of digital evidence may be posted.  Depending on the speed and quality of the receiving party’s internet connection, downloading may take a substantial amount of time.

The District Attorney’s Office recognizes that these delivery channels may be unworkable for unrepresented defendants who remain in custody.  The office will make other arrangements to accommodate those individuals.

Note:  This policy confers no right beyond that which is required by statute or rule.  Technology is constantly changing.  The District Attorney’s Office reserves the right to employ any technology platform that will meet its legal obligations.