After an arraignment, does an attorney ususally request Discovery before the Pre Trial Conference or after the Pre Trial Conference?
Attorneys generally ask for “automatic discovery” (evidence the law entitled a party to) prior to a pre- trial conference. After a pre-trial conference, both parties will complete a pre-trial conference report to address any outstanding discovery issues and if necessary, have outstanding discovery issues be determined by the judge.
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This practice can vary from county to county and court to court. In district courts in Middlesex County, the usual practice is to request the discovery at the Pre-trial hearing. Defense counsel and the prosecutor will complete a form called the Pre-Trial Conference Report in which the defense attorney will list certain information they are seeking. The prosecutor can either agree or object on the form. The case will then be scheduled for a compliance date by which the prosecution has to provide the requested information. Often that information is provided on the compliance date. There is also certain information that the prosecution has to provide by law. Sometimes the prosecutor will turn that over before the pre trial hearing, but usually not.
How it works in the court in which you have a case is something you should discuss with your attorney. Discovery issues can get complicated.
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