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Rule Change 2020(18) Colorado Rules of Criminal Procedure

Rule 16. Discovery and Procedure Before Trial

May 14, 2020


Definitions. [NO CHANGE]
Part I.—Part IV. [NO CHANGE]
Part V. Time Schedules and Discovery Procedures (a) [NO CHANGE]
(b) Time Schedule.
(1) [NO CHANGE]
(2) Regarding the use and timing of electronic discovery.
(i) The prosecutor may perform his or her obligations by use of a statewide discovery sharing system as established pursuant to 16-9-702, C.R.S.
(ii) When utilizing such system the prosecutor’s obligations to make discovery available to the defense as required by Part I are fulfilled when any such material or information is made available for electronic download to defense counsel, defense counsel’s designee, or, in the case of a public defender, to the central administrative office of the Office of the State Public Defender.

(3) If either the prosecuting attorney or the defense claims that discoverable material under this rule was not furnished, was incomplete, was illegible or otherwise failed to satisfy this rule, or if claim is made that discretionary disclosures pursuant to Part I (d) should be made, the prosecuting attorney or the defense may file a motion concerning these matters and the motion shall be promptly heard by the court. (4) For good cause, the court may, on motion of either party or its own motion, alter the time for all matters relating to discovery under this rule. (c) [NO CHANGE]

Amended and Adopted by the Court, En Banc, May 14, 2020, effective immediately.

By the Court:

Carlos A. Samour Jr.
Justice, Colorado Supreme Court

Official Colorado Supreme Court Rules Committees proceedings can be found at the Colorado Supreme Court Rules Committees website.

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