Section 6.12 No Entitlement to Discovery

• Library: Criminal Practice 2012 Supp

A. (§6.12) No Entitlement to Discovery

Rules 25.01–25.18 apply to all criminal cases and provide that discovery may commence upon the filing of the indictment or information and after arraignment in the court having jurisdiction to try the offense charged. Therefore, discovery does not have to be provided to the defendant until after arraignment in circuit court. In some jurisdictions, the prosecution will provide some or all of the discovery before the preliminary hearing; when this is done, a request for discovery may be filed in the associate circuit division and probably should be to acknowledge this process and the continuing duty to disclose. This discovery...