In Re the People of the State of Colorado, Plaintiff: v. Juan Manuel Castorena, Defendant:

Summary

The court held that Criminal Rule 16(I)(c)(2) permits a trial court to order a nonparty governmental entity to produce discoverable materials, but the order is enforceable only after the court obtains personal jurisdiction through valid service of process. Because the First Judicial District Attorney's office was not properly served, the trial court's disclosure order was void. The court vacated the order and remanded for further proceedings, including application of the required discovery factors if proper service is made.