I have several pending criminal charges and an attorney representing me on the current case the state elected on. I am technically pro se on the others since they are not proceeding yet and I have no attorney selected for them. Anyway, time is passing and I want to file for discovery to be released to me pending the start of the case. There is lots of discovery and a secrecy order on that case, but I figure I have to start preparation now so that i am not caught short when the case starts. I can copy parts from discovery motions from other files, but how to I then file it? Do I have to get a court date on the case? File affidavits of service on the prosecutor? What is the procedure to follow? Any info appreciated.
Criminal Defense Attorney
Basically, you file a Motion for Discovery the same way you'd serve any other Motion. It usually is done on notice to the DA's office and upon fourteen days notice before they must respond to your demand.
I suggest you call your attorney on the other case you have and verify this information and copy parts of all the other motion papers you already have on the other cases and then file them. Just make sure of the timing through your other attorney first.
1 found this helpful