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Rule 16 governs the mandatory disclosure of evidence. Colorado Rule of Criminal Procedure § 16 – the mandatory disclosure rule – lays out what evidence prosecutors and your defense attorneys are required to turn over to each other prior to trial.

Under Rule 16, the defendant has the right to request access to several types of evidence held by the prosecution. This includes any documents, objects, reports of scientific tests, or witness testimony that the government plans to use at trial.

The party upon whom the request is served shall serve a written response within 35 days after the service of the request. A shorter or longer time may be directed by the court or agreed to in writing by the parties pursuant to C.R.C.P.

Injured workers shall submit requests for mileage reimbursement within 120 days of the date of service or reimbursement may be denied unless good cause exists.

Subject to constitutional limitations, the defense shall disclose to the prosecution the nature of any defense, other than alibi, which the defense intends to use at trial. The defense shall also disclose the names and addresses of persons whom the defense intends to call as witnesses at trial.

Discovery Procedure in Colorado Courts These initial disclosures are due within 28 days of the “at-issue” date, which is the date when all parties have been served, all answers or responsive pleadings have been filed as permitted under C.R.C.P. 7, and all defaults or dismissals have been entered.

If you are a defendant in a case, you have to raise enough doubt about the strength of the plaintiff's case to make the judge (or jury) decide your side is stronger. Discovery is how you gather the evidence you will need to prove your case as plaintiff, or defeat the plaintiff's case as a defendant.

The California discovery rule stops the clock on the statute of limitations until the plaintiff either finds out about the cause of action or has a good reason to do so. This rule comes into play when the plaintiff didn't realize, and a reasonable person wouldn't have realized, that they were harmed.

The party upon whom the request is served shall serve a written response within 35 days after the service of the request. A shorter or longer time may be directed by the court or agreed to in writing by the parties pursuant to C.R.C.P.