Chapter 4 Discovery

• Jurisdiction: United States

Chapter 4 Discovery

There is a statutory obligation for a reciprocal exchange of information in any criminal case.

1054 Motion

Discovery in criminal cases is strictly governed by California Penal Code, §1054 et. seq. This section provides reciprocal discovery rules for both prosecution and defense. The rules are designed to promote the ascertainment of truth, court efficiency, and victim and witness safety. In re Littlefield (1993) 5 Cal.4th 122. The court requires the parties to try to informally work out all discovery issues and will only step into this process upon filing of a formal discovery motion by a party.

Cal. Penal Code §1054.1 states: "The prosecuting attorney shall disclose to the defendant or his or her attorney all of the following materials and information, if it is in the possession of the prosecuting attorney or if the prosecuting attorney knows it to be in the possession of the investigating agencies:

(a) The names and addresses of persons the prosecutor intends to call as witnesses at trial.
(b) Statements of all defendants.
(c) All relevant real evidence seized or obtained as a part of the investigation of the offenses charged.
(d) The existence of a felony conviction of any material witness whose credibility is likely to be critical to the outcome of the trial.
(e) Any exculpatory evidence.
(f) Relevant written or recorded statements of witnesses or reports of the statements of witnesses whom the prosecutor intends to call at the trial, including any reports or statements of experts made in conjunction with the case, including the results of physical or mental examinations, scientific tests, experiments, or comparisons which the prosecutor intends to offer in evidence at the trial."

Cal. Penal Code §1054.3 states: "(a) The defendant and his or her attorney shall disclose to the prosecuting attorney:

(1) The names and addresses of persons, other than the defendant, he or she intends to call as witnesses at trial, together with any relevant written or recorded statements of those persons, or reports of the statements of those persons, including any reports or statements of experts made in connection with the case, and including the results of physical or mental examinations, scientific tests, experiments, or comparisons which the defendant intends to offer in evidence at the trial.
(2) Any real evidence which the defendant intends to offer in evidence at the trial."

Discovery should be provided thirty days prior to trial, unless there...