Discovery Flashcards
When can discovery occur in a criminal case?
After an information or indictment.
What commences the discovery process?
A notice of discovery.
What happens if you share your co-defendants discovery matterials??
You elect to participate in dicovery.
How long does the prosecurtor have to share after notice of discovery is filed?
15 days
What is a discovery exhibit and when should it be filed?
It is a response to a notice of discovery. You get 15 days after the D serves a notice of discovery they have to give all evidence to D that they can inspect copy photograph etc.
What nontestimoinal discloures might a D be required to do after being charged?
Appear i a line up
Speak for identification
Be fingerprinted
Permit samples of blood hari and other materials (no unreasonable intruion)
Specimens of handwriting
Submit to reasonable physical or mental inspection. These are nontestimonial disclousres.
When must the D give a written list of all witness names or addresses?
After you get the prosecutors exhibit you get 15 days.
When must the D provide disvovery exhibit?
15 days after getting the prosecutors exhibit.
What does a protective order do?
This restricts or precludes the type and scope of the discovery of evidence.
What type of stuff is usually restricted in discovery?
Florida court can restrict disclousres that pose a risk of physical harm, intimidation bribery, economic repriasal annoancy or embarassment that outweighs usefulness.
What is not discoverable?
Work product: legal research records, correspondence, reports, opinions theoryies or conclusions or confidentia linformatn identity. Unless that informat will appear at trial or if that failure will infringe on their right to confront witnesses.
