Discovery

Question 1

What is the general rule of discovery in Florida?

Answer 1

In Florida, the reciprocal discovery of information is the general rule.

Question 2

What are the prosecutor’s obligations regarding discovery?

Answer 2

Upon defendant’s request of discovery, prosecutor must disclose within 15 days of the demand, the folliwing:

• The names and addresses of persons known to have relevant information
• statements by witnesses
• any written or recorded testimony of the accused
• wehther the state has any material information provided by confidential informants
• tangible object or papers obtained form the accused
• bugging, wiretapping or search or seizure evidence
• reports of experts
• paper or obect not obtained from the accused
• Any exculpatory evidence not obtained through the accused.

What may the prosecutor NOT disclose?

• Work product - attorney’s strategies and tactics for the litigation.
• The name of the confidential informant
• Limited surveillance location privilege.

Question 3

What are defendant’s discovery obligations?

Answer 3

Defenant must furnish the names and addresses of the witnesses he expects to call within 15 days of receiving the state’s list of witnesses, and disclose statements of expected defense witnesses, reports of experts, and papers or objects he intends to use.

If an alibi is raised, defendants must give affirmative notice of the defense on request. If the prosecutor makes a demand, the notice of alibi must be filed either no less 10 days prior to trial or as the court directs.

Question 4

What may defendant may be required to do as part of discovery?

Answer 4

1. Be fingerprinted
2. Permit the taking of a blood specimen
3. Pose for mug shots or speak for voice identification
4. Appear in line-up or try on articles of clothing

Question 5

What are the sanctions for discovery violation?

Answer 5

• Exclude the witness
• Grant a mistrial