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What does, STATE'S DISCOVERY EXHIBIT AND DEMAND FOR RECIPROCAL DISCOVERY, mean?

Ormond Beach, FL |
Filed under: Criminal defense

on a felony case

Attorney Answers 5

Posted

This is a reference to the discovery/disclosure procedure provided by the state’s criminal procedure rules.

Under those rules, if the defendant has participated in discovery (written requests or depositions) or has filed a “Notice of Discovery,” the next step is for the prosecutor to send a “Discovery Exhibit,” which includes a list of potential witnesses and a statement of or copies of pertinent evidence.

Now that the Discovery Exhibit has been exchanged, and assuming the defendant has, in fact, participated in discovery or filed a Notice of Discovery, the defendant’s obligation is to serve, within fifteen days, a list of proposed trial witnesses (names and addresses), statements of any of those witnesses other than the defendant, expert reports or doctor’s exam results, and any proposed trial exhibits (papers or objects). If the defendant has not participated in discovery or filed a Notice of Discovery, this obligation would not be triggered.

The information provided in this and other answers on Avvo are general in nature and limited to the facts as stated. The information provided in this and other answers on Avvo should not be construed as legal advice on which the reader relies without further consultation with an attorney. No attorney-client relationship is created on Avvo question & answer forums. This attorney is licensed and admitted to practice law in the State of Florida only.

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1 comment

Eric Tillar Preston

Eric Tillar Preston

Posted

I was going to respond to this... until I read this answer. Everything I was planning to write would just be superfluous to this. Good and complete answer, Mr. Schofield.

Posted

In a felony case this means that the state has provided its documentary evidence to the defense and is demanding that the defense produce its list of witnesses and exhibits if any.

R. Jason de Groot, Esq., 386-337-8239

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Posted

This is just the initial packet of discovery documents. The state attorney lists any known witnesses and evidence in your case. It usually includes police reports, accident reports, photographs, witnesses statements, etc. In most cases, there is more than one discovery disclosure, because more evidence and witnesses are discovered. Your attorney can explain it better to you. I am sure that he or she will go through the documents with you.

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Posted

It is the equivalent of I showed you mine now show me yours. In other words the state has given you all of the evidence as required by law now they are demanding that you do the same. Florida has very good discovery laws for defendants. There are never any "surprises" because all of the evidence intended to be used at trial needs to be disclosed to the defense. However, the same rule applies to the defense. Any and all evidence that you intend to introduce at trial must be disclosed to the prosecutor. This rule is an intent to keep the playing field fair for both sides. Good luck. P.S. if you have an attorney he/she would be the best person to answer this question for you.

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Posted

The state gives your lawyer discovery (police reports, witness list, etc.) and wants your lawyer to do the same.

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