Discovery

LibraryObjections Guidebook (2022 Ed.)

Discovery

Criminal Cases–Objections During Trial

· If the State has improperly complied or failed to disclose, objections at trial must be made. State v. Gadbury, 558 S.W.2d 426 (Mo. App. E.D. 1977).

- Object to witness’s testimony. The defendant may object to the testimony of a witness when the witness’s statement or report has not been disclosed. State v. Davis, 556 S.W.2d 45 (Mo. banc 1977).

- The defendant should object that the witness has not been endorsed as a witness on the information or indictment. Rule 23.01(e); State v. Bolden, 494 S.W.2d 61 (Mo. 1973); see also Rule 25 (discovery).

· Routine discovery in Missouri criminal cases may be had by written request by the defendant without the necessity of a pretrial motion. Rule 25.03. Such a request should be made no later than 20 days after arraignment in the circuit division, and the State should comply within 14 days after service of the request. Rule 25.02. But a pretrial motion is appropriate to seek discovery of material not covered by Rule 25.03. Rule 25.04. Such a motion may also be used to obtain disclosure of discoverable material in the possession or control of governmental personnel other than the State. Rule 25.04(c). Should the State claim that certain matters are not subject to disclosure under the provisions of Rule 25.10, a pretrial motion is the proper means to litigate such discoverability.

· Discovery materials in the prosecutor’s possession are available before a felony is bound over to the trial court upon written request of the defendant. Rules 25.02(a) and 25.03(a). Other defined discovery must be provided after the filing of an information or indictment upon written request of the defendant. Rules 25.02(b) and 25.03(b). Discovery of electronic data is permitted under Rule 25.03(a), (b)(1). There are rules for redacting data by the prosecutor, Rule 25.03(d) and (e), but the defendant may obtain the redacted data upon a showing of good cause to the court, Rule 25.03(f) (the court must determine that the disclosure of the information is necessary for the defense of the case. See Rule 25.03(e) (redacted copy).

Civil Cases

· Discovery in civil cases is provided for in Rules 56.01 (general provisions), 57.01 (interrogatories), 57.02–57.09 (depositions), 58 (production of documents, etc.), 59 (admissions), 60 (physical and mental examinations of persons), and 61 (sanctions). On November 23, 2021, the Supreme Court of Missouri amended Rule 59.01 (admissions) and Rule 61.01...

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