Colorado Motion to Disclose Confidential Informants - Release

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Multi-State
Control #:
US-02221BG
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Word; 
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Description

One issue when dealing with confidential informants is whether or not the government must disclose the identity of the informant. The issue of whether or not the government must disclose the identity of the confidential informant sometimes turns on whether the informant is a "mere tipster" or an actually participant in the transaction.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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Rule 7 - The Indictment and the Information (a)The Indictment. (1) An indictment shall be a written statement presented in open court by a grand jury to the district court which charges the commission of any crime by an alleged offender. (2) Requisites of the Indictment.

(5) Procedure Upon Failure to Request Preliminary Hearing. If the defendant or prosecutor fails to request a preliminary hearing within 7 days after the defendant has come before the court, the county court shall forthwith order the defendant bound over to the appropriate court of record for trial.

Rule 6 - Functions of District Court Magistrates (a) Functions in Criminal Cases: A district court magistrate may perform any or all of the following functions in criminal proceedings: (1) No consent necessary: (A) Conduct initial appearance proceedings, including advisement of rights, admission to bail, and imposition ...

This rule requires that every statement made by the accused which is in the possession or control of the district attorney and which relates in any way to the series of events from which the charges pending against the accused arose must be disclosed to the defense upon an appropriate motion.

Colorado Rule of Criminal Procedure ? Rule 11 sets forth the procedural and substantive requirements to be followed by the judge to ensure that the plea is ?knowingly, intelligently, and voluntarily? made, and that there is a ?factual basis for the plea. ?

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

37. Rule 37 - Appeals from County Court (a) Filing Notice of Appeal and Docketing Appeal. The district attorney may appeal a question of law, and the defendant may appeal a judgment of the county court in a criminal action under simplified procedure to the district court of the county.

P. 6.1. Subpoenas and subpoenas duces tecum shall be issued in ance with the rules of criminal procedure and these rules and shall be served at least forty-eight hours before any appearance is required before the grand jury, unless waived by the witness.

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Colorado Motion to Disclose Confidential Informants - Release