September 21, 2017

Rule 16 of Colorado Rules of Criminal Procedure Amended by Colorado Supreme Court

On Thursday, August 24, 2017, the Colorado State Judicial Branch announced Rule Change 2017(07), amending Colo. R. Crim. P. 16. The changes to Crim. P. 16 amend the prosecution’s discovery requirements, as follows:

(c) Cost and Location of Discovery.

(1) The prosecution’s costs of providing duplicating any material discoverable material electronically to the defense, electronically or otherwise, under this rule shall be funded as set forth in section 16-9-702(2), C.R.S.paid from funds allocated by the general assemblyborne by the party receiving the material, based on the actual cost of copying the same to the party furnishing the material. The prosecution Copies of any discovery provided to a defendant by court appointed counsel shall nototherwisecharge for discoverybe paid for by the defendant. For any materials provided to the prosecution as part of the defense discovery obligation, the cost shall be borne by the prosecution based on the actual cost of duplication. Copies of any discovery provided to a defendant by court appointed counsel shall be paid for by the defendant.

(2) The place of discovery and furnishing of for materials not capable of being provided electronically shall be at the office of the party furnishing it, or at a mutually agreeable location.

The rule change is effective August 24, 2017. For the complete text of the rule change, click here. For all of the Colorado Supreme Court’s adopted and proposed rule changes, click here.

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