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A discovery motion mandates the prosecutor to look for the requested items. Jacobs v. State, 436 N.E.2d 1176(Ind. 1982). The file stamped discovery motion is a record waiting to be used by defense counsel in arguments to the court for sanctions against the State.
(a) In all formal proceedings, discovery is available to the commission and the judge or justice under the Indiana Rules of Civil Procedure. A motion requesting a discovery order must be made to the circuit court, superior court, or probate court judge in the county in which the commission hearing is held.
Discovery allows you to get information and evidence from the other party or other persons you can use in your lawsuit.
Parties may obtain discovery regarding any matter, not privileged, which is relevant to the subject-matter involved in the pending action, whether it relates to the claim or defense of the party seeking discovery or the claim or defense of any other party, including the existence, description, nature, custody, ...
Some examples that your lawyer may request as part of their motion for discovery are: Photos or videos of the crime scene. Witness statements. Police reports or notes.