Sensitive materials may be marked as “counsel only” meaning that only your fiancée’s attorney will be allowed to view them. Any written or recorded statement by a witness in the prosecution’s case-in-chief, or that it reasonably anticipates calling as a witness in rebuttal.All reports from peace officers, Ohio State Highway Patrol, and federal law enforcement agents.Any evidence favorable to the Defendant and material to guilt or punishment.
Results of physical or mental examinations, experiments, or scientific tests (subject to some limitation due to privacy and safety).Laboratory or hospital reports, books, papers, documents, photographs, tangible objects, buildings, or places (subject to some limitation due to privacy and safety).
#MOTION TO COMPEL DISCOVERY TEXAS EXAMPLE TRIAL#
Specifically, Criminal Rule 16 outlines the procedure for both the prosecution and the defense, including what kind of items must be available for inspection before trial. The Ohio Rules of Criminal Procedure lay out the way to exchange discovery in a criminal case. Both sides have a duty to provide discovery, and to supplement what has been provided as new materials that may be used at trial become available. – are not a part of the public record and are exchanged directly by the parties. The contents of the Discovery response – i.e., the police reports, statements, photographs, etc. The prosecution then files a Discovery Response. Typically, a defense attorney will file a Notice of Appearance, informing the Court and the prosecutor of his or her role in the case, and a Discovery Demand requesting particular information. Instead, discovery is exchanged by demand of the parties. Discovery is mostly exchanged without participation by the Court or the Judge, so a “motion for discovery” or “the motion of discovery” is not a possibility because “motions” ask the Judge to take a particular action in the case. Both the prosecution and the defense have a duty to provide discovery before trial.
What does that mean?Īnswer: “Discovery” in a criminal case refers to the exchange of evidence and statements between opposing sides of a case. At the bond hearing, I heard him asking his lawyer when he would get his motion for discovery. Question: My fiancée was charged with trafficking and he is in jail. Have a question you want answered or topic you want to hear more about? Submit your suggestions to us by tweeting sending a message to our Facebook Page. Each week our attorneys will respond to a question selected from the many received by direct and online submission. Welcome to our new weekly series, Friday Q&A.
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