Section 21.42 Duty to Disclose

• Library: Evidence 2017

B. (§21.42) Duty to Disclose

Once all evidence, digital and otherwise, has been acquired and criminal charges have been filed, Rule 25.03 obliges the State to disclose relevant evidence to the defendant. Federal Rule of Criminal Procedure 16 requires, among other things, that the government permit the defendant “to inspect and to copy” relevant documents, objects, and data. Fed. R. Crim. P. 16(a)(1)(E). This generally requires disclosure of electronic data in native format (such as mirror images of hard...