Pro: Evidence Receipt example
An evidence receipt is a helpful tool when sharing with defense counsel or others. The terms are set by the License Manager of the Pro account. Upon sharing a case with another user, the custodian can decide whether or not that person will need to agree to the receipt prior to accessing the case.
Here are some examples of language to use for your evidence receipt. Please be sure to check with your attorneys on suitable language for your office.
Example #1
This is notice that discovery materials for the above-mentioned ____________County case are available for your review in Guardify. The materials accessible may include confidential information. Your authority to access to these materials is provided subject to the following conditions:
- The materials accessible through Guardify are provided to you because you are currently an attorney representing the Defendant in this case. If you do not currently represent the Defendant, you are not authorized to access these materials.
- Some of the digital data obtained from law enforcement is in a proprietary format with a proprietary player. You are receiving the data in the same format we receive it. Such data sometimes requires you, like us, learn how to use the proprietary player to view the footage
- The discovery does not include video from the ______________ County jail. Jail video should be requested directly from the ____________County Jail by emailing _______________________
- By accessing this discovery you are indicating your agreement to these conditions.
- Your access to this discovery material will expire in 365 days or upon your withdrawal as counsel for Defendant.
Example #2
Personal and proprietary information viewed/downloaded herein may not be disclosed to any
party or for any other purpose than the defense or prosecution of the within matter.
Note that additional items may be added as the case progresses, and it is your responsibility to ensure you have accessed those additional items.
Example #3
Counsel for the Defendant agrees and acknowledges that he/she has been given access to the County Attorney’s file with regard to the above-captioned matter, including, but not limited to, law enforcement reports, oral and/or written statements of the Defendant and/or witnesses, and results of scientific testing (if any).
Additionally, counsel for the Defendant acknowledges that certain materials may be added to the County Attorney’s file from time to time as they are received by the County Attorney’s Office.
Accordingly, the parties agree that the Defendant may have continued access to these additional materials.
Counsel for the Defendant further agrees that, as a condition of the open file policy of the County Attorney’s Office that defense counsel agrees to provide reciprocal discovery to the State pursuant to Iowa Rule of Criminal Procedure 2.14(3) and applicable Iowa Rules of Civil Procedure.
Counsel for Defendant agrees not to reproduce discovery materials as set out in the “Defense Request for Discovery and Reciprocal Discovery Agreement”.
In making this request, I agree and acknowledge the following:
- I have been appointed or retained (with filed Entry of Appearance) to represent the Defendant
in the above-entitled case.
2. If I am privately retained counsel, I agree that I will be responsible for, and pay the cost of,
document reproduction (if any); the cost of audio and video reproduction (if any) and/or cost
of photographic reproduction (if any).
3. I agree to comply with the requirements of Iowa Rules of Criminal Procedure 2.14 and
applicable Iowa Rules of Civil Procedure.
4. I agree that I will not reproduce or copy any discovery provided to me by the County
Attorney’s Office in any form or medium except for review with my client and/or use by an
expert assisting in the defense.
5. I agree that I will not give, loan, transfer, transmit or post through social media, to the internet,
to cloud storage, or other medium viewable by the general public, any discovery provided to
me by the County Attorney’s Office in any medium except for review with my client and/or
use by an expert assisting in the defense.
6. I agree that I will not capture by still or video photography, with a cellular phone or other
device, any discovery provided to me by the County Attorney’s Office in any medium for
posting or sharing publicly, however, I may review discovery materials with my client and/or
an expert assisting in the defense.
7. I, or my designated agent will sign a “Receipt for Discovery” acknowledging possession of
any item(s) of discovery provided by the State and my obligation to provide reciprocal
Discovery.
Example #4
The items contained in this case are CONFIDENTIAL and may be subject to a protective order.
By clicking “AGREE,” you are certifying that any information or materials viewed or downloaded herein will not be disclosed or otherwise shared with anyone not a party to this case or not otherwise authorized to view the items.