Discovery Request Form - City Of Topeka - Legal Department (Page 2 of 2) in pdf

CITY OF TOPEKA

Chad J. Sublet, City Attorney

Legal Department

215 SE 7

St., Room 260

Topeka, KS 66603-3914

Luther L. Ganieany Jr.

Tel: (785) 368-3910

Chief of Prosecution

Fax: (785) 368-3104

DISCOVERY INFORMATION SHEET

OPEN FILE POLICY

The City of Topeka Prosecutor’s Office maintains an open file discovery policy. Any defense attorney or pro se defendant

may make an appointment to view the case file regarding their pending case subject to established evidentiary privileges and

confidentiality. Requests for copies of documents in the case file should follow the discovery request procedure.

DISCOVERY PROCEDURES

The defense shall file a written request for discovery and supply the request to the City of Topeka Prosecutor’s Office. A

Discovery Request form is available either at our office or online at All defendants and their

attorneys are encouraged to use this form when requesting discovery. Once the request for discovery has been delivered to

the City of Topeka Prosecutor’s Office, the request will be reviewed by a prosecutor and all discoverable materials will be

collected. Charges for discovery material will apply at the following rates: $0.25 per page for written materials, $25.00 for

audio or video recordings, and $1.00 per page for color photographs.

When all discoverable materials have been collected, the requesting party will be notified by phone or email that the materials

are ready to be picked up. If a Defendant believes that more materials exist than have been provided, a motion may be filed

with the Topeka Municipal Court stating the information sought and the basis for believing such items exist.

POLICE EQUIPMENT CERTIFICATIONS

Copies of certifications for police equipment such as radars, lasers, window tint meters, breath testing instruments, etc. are not

normally provided in the discovery materials. However, copies of these certifications are kept on file in the City Prosecutor’s

Office and are available for inspection. A defendant or defense counsel wishing to obtain their own copies of these

certifications should indicate on the discovery request form which documents are being requested.

RECIPROCAL DISCOVERY

The City Prosecutor’s Office requests that any defendant or defense counsel who receives discovery through this office to

provide reciprocal discovery of any photograph, scientific or medical reports, books, papers, documents, tangible objects, or

copies or portions thereof, which the defendant intends to produce at any hearing, and which are material to the case and will

not place an unreasonable burden on the defense.

RESTRICTIONS ON DISCLOSURE

Pursuant to KSA 22-2312(b), personal identifying information such as birthdates, social security numbers, taxpayer

identification numbers, driver’s license numbers, account numbers of active financial accounts, home addresses and personal

telephone numbers of any victims or material witnesses may be redacted in discovery materials. If un-redacted personal

identifying information is provided, the defendant's counsel shall not further disclose the un-redacted numbers or identifiers

to the defendant or any other person, directly or indirectly, except as authorized by order of the court.

EXCULPATORY MATERIAL

This procedure does not apply to any exculpatory material that this office is obligated to provide under the Brady / Giglio

decisions.

POVERTY

Any defendant who is unable to pay the fees for discovery as set forth above may obtain discovery free of charge by signing

the statement on the discovery request form acknowledging their inability to pay due to poverty.

Discovery Request Form - City Of Topeka - Legal Department Page 2

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