As amended through Rule Change 2024(18), effective October 2, 2024
Rule 216 - Discovery and Inspection(a) By Defendant. Upon the motion of a defendant or upon the court's own motion at any time after the filing of the complaint or summons and complaint the court may order the prosecution to permit the defendant to inspect and copy or photograph any books, papers, documents, photographs, or tangible objects that are within the prosecution's possession and control, upon a showing that the items sought may be material to the preparation of the defense and that the request is reasonable. The order shall specify the time, place, and manner of making the inspection and of taking the copies or photographs and may prescribe such terms and conditions as are just. (b) Witness's Statements. At any time after the filing of the complaint or summons and complaint, upon the request of a defendant or upon the order of court, the prosecution shall disclose to the defendant the names and addresses of persons whom the prosecution intends to call as witnesses at the hearing or trial, together with any witness statements. (c) Irrelevant Matters. If the prosecution claims that any material or statement ordered to be produced under this rule contains matter which does not relate to the subject matter of the witness's testimony, the court shall order it to deliver the statement for the court's inspection in chambers. Upon such delivery the court shall excise the portions of the statement which do not relate to the subject matter of the witness's testimony, then the court shall direct delivery of the statement to the defendant. (d) Statement Defined. The term "statement" as used in sections (b) and (c) of this Rule in relation to any witness who may be called by the prosecution means: (1) A written statement made by such witness and signed or otherwise adopted or approved by the witness; (2) A mechanical, electrical, or other recording, or a transcription thereof, which is a recital of an oral statement made by such witness; or (3) Stenographic or written statements or notes which are in substance recitals of an oral statement made by such witness and which were reduced to writing contemporaneously with the making of such oral statement. (e) Additional Rules. Municipal courts may make such additional rules for discretionary or mandatory discovery by the defense or by the prosecution as are consistent with these rules and with any applicable law. Entire chapter amended June 30, 1988, effective 1/1/1989. ANNOTATION Request for production of documents held unreasonable and oppressive. See Clary v. County Court, 651 P.2d 908 (Colo. App. 1982). A municipal court has the discretion to order pretrial discovery of the statements of prosecution witnesses to the extent necessary to promote judicial economy and fundamental fairness, even though no such power is granted expressly in the rules. City of Englewood v. Municipal Court, 687 P.2d 521 (Colo. App. 1984).