Section 10.23 Discovery of Photographs

• Library: Criminal Practice 2012 Supp

6. (§10.23) Discovery of Photographs

Counsel should file a subpoena duces tecum at the earliest opportunity and have the records custodian deliver the photographs to the clerk and entered into the record.

In federal courts the defendant may successfully require production of the photographs before trial under Rule 16 of the Federal Rules of Criminal Procedure. It should be noted that, under Rule 25.03(A)(9), a prosecutor, upon request, must disclose to defense counsel any exculpatory evidence that tends to...