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Is there a time limit for discovery to be presented?

New Port Richey, FL |

In a felony criminal case, what is the time frame allowed (if there is one) for discovery? They have been requested but apparently State attorney still does not have them either. (been a few months)

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Attorney answers 2

Posted

You would have to check the local rules, i.e. Pasco County (http://www.pascoclerk.com/public-courts-svcs-info.asp) or the Florida rules of civil procedure if you are in State court. Federal courts have different rules. You can find them all on-line. You really need a lawyer in a felony case, though, so ask your lawyer.

[In accordance with the Avvo community guidelines, this communication does not constitute "legal advice", nor does it form an attorney-client relationship.]

Posted

Generally the prosecutor has 15 days after you served him or her with the notice of discovery. However, the if the State does not have a requested document, then they must provide it once they receive it, if it is a document that exists. If you are asking for something that does not exist, then you will likely not receive it. If it's something that the State should have, then have your attorney file a motion to compel, and ask for sanctions, including exclusion of the evidence at trial. You should hire or ask your attorney to make sure that you have up-to-date information.

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