Motion of Discovery

[Buccaneer]

Does anyone know if a att. has to file for motion of discovery? Because I checked today and my sons court appointed att. did not file one . I just thought it was a process of the courts. If anyone has the answer let me know because I and really getting the run around here. Next I will try to contact att. and state att.

[loveSunnyH]

Not sure exactly what you are looking for and I would definately reccommend speaking to his attorney, but the Florida Rules of Criminal Procedure state in pertinent part:

VI. DISCOVERY
RULE 3.220. DISCOVERY
(a) Notice of Discovery. After the filing of the charging document, a defendant may elect to participate in the discovery process provided by these rules, including the taking of discovery depositions, by filing with
the court and serving on the prosecuting attorney a “Notice of Discovery” which shall bind both the prosecution and defendant to all discovery procedures contained in these rules. Participation by a defendant in the discovery process, including the taking of any deposition by a defendant or the filing of a public records request under chapter 119, Florida Statutes for law enforcement records relating to the defendant’s pending prosecution, which are nonexempt as a result of a codefendant’s participation in discovery, shall be an election to participate in discovery and triggers a reciprocal discovery obligation for the defendant. If any defendant knowingly or purposely shares in discovery obtained by a codefendant, the defendant shall be deemed to have elected to participate in discovery.
(b) Prosecutor’s Discovery Obligation.
(1) Within 15 days after service of the Notice of Discovery, the prosecutor shall serve a written Discovery Exhibit which shall disclose to the defendant and permit the defendant to inspect, copy, test, and photograph the following information and material within the state’s possession or control:
(A) a list of the names and addresses of all persons known to the prosecutor to have information that may be relevant to any offense charged or any defense thereto, or to any similar fact evidence to be presented at trial under section 90.404(2), Florida Statutes. The names and addresses of persons listed shall be clearly designated in the following categories:
(i) Category A. These witnesses shall include (1) eye witnesses, (2) alibi
witnesses and rebuttal to alibi witnesses, (3) witnesses who were present when a recorded or unrecorded statement was taken from or made by a defendant or codefendant, which shall be separately identified within this category, (4) investigating officers, (5) witnesses known by the prosecutor to have any material information that tends to negate the guilt of the defendant as to any offense charged, (6) child hearsay witnesses, and (7) expert witnesses who have not provided a written report and a curriculum vitae or who are going to testify to test results or give opinions that will have to meet the test set forth in Frye v. United States, 293 F. 1013 (D.C. Cir. 1923).
(ii) Category B. All witnesses not listed in either Category A or Category
C.
(iii) Category C. All witnesses who performed only ministerial functions
or whom the prosecutor does not intend to call at trial and whose involvement with and knowledge of the case is fully set out in a police report or other statement furnished to the defense; (B) the statement of any person whose name is furnished in compliance with the preceding subdivision. The term “statement” as used herein includes a written statement made by the person and signed or otherwise adopted or approved by the person and also includes any statement of any kind or manner made by the person and written or recorded or summarized in any writing or recording. The erm “statement” is specifically intended to include all police and investigative reports of any kind prepared for or in connection with the case, but shall not include the notes from which those reports are compiled;
(C) any written or recorded statements and the substance of any oral statements made by the defendant, including a copy of any statements contained in police reports or report summaries, together with the name and address of each witness to the statements;
(D) any written or recorded statements and the substance of any oral statements made by a codefendant if the trial is to be a joint one;
(E) those portions of recorded grand jury minutes that contain testimony
of the defendant;
(F) any tangible papers or objects that were obtained from or belonged
to the defendant;
(G) whether the state has any material or information that has been provided by a confidential informant;
(H) whether there has been any electronic surveillance, including wiretapping, of the premises of the defendant or of conversations to which the defendant was a party and any documents relating thereto;
(I) whether there has been any search or seizure and any documents
relating thereto;
(J) reports or statements of experts made in connection with the particular
case, including results of physical or mental examinations and of scientific tests, experiments, or comparisons; and
(K) any tangible papers or objects that the prosecuting attorney intends to use in the hearing or trial and that were not obtained from or that did not belong to the defendant.
(2) If the court determines, in camera, that any police or investigative report contains irrelevant, sensitive information or information interrelated with other crimes or criminal activities and the disclosure of the contents of the police report may seriously impair law enforcement or jeopardize the investigation
of those other crimes or activities, the court may prohibit or partially restrict the disclosure.
(3) The court may prohibit the state from introducing into evidence any of the foregoing material not disclosed, so as to secure and maintain fairness in the just determination of the cause.
(4) As soon as practicable after the filing of the charging document the prosecutor shall disclose to the defendant any material information within the state’s possession or control that tends to negate the guilt of the defendant as to any offense charged, regardless of whether the defendant has incurred reciprocal discovery obligations.

Go to: www.flabar.org - then to "Links" on the left banner - then to "Rules of Procedure" - then to "Rules of Criminal Procedure" (requires Adobe Reader)

[sweetpea]

Motion of discovery takes place prior to the trial even happening...you dont really file for a motion for discovery. there is a pretrial meeting with both attorneys and judge present (once the complaint and answers have been filed) and during that meeting they usually discuss what discovery methods are to be used and the limitations (time, number of depo's, interrogatories, etc) during that time. There are five different methods of discover - deposition, interrogation, request for admission, request for production of documents or tangible things and physical/mental examination. All these tools are used to clarify the facts and preserve witness testimony.

[Buccaneer]

Thanks to all who answered my ? I now what motion of discovery is The problem I am having is does the motion get file into court records? Because upon my request I was told that there was no motion of discovery on records in the court.

[sweetpea]

buccaneer - in Florida all motions of discovery get filed with the clerk of court - they all get issued a file# and such from them.