Criminal Motion For Discovery Withheld

State:
Multi-State
Control #:
US-00855
Format:
Word; 
Rich Text
Instant download

Description

The Criminal Motion for Discovery Withheld is a legal form used to request the production of specific discovery documents that have not been provided adequately by the prosecution. This form is particularly relevant for defendants who seek to ensure their right to a fair trial by accessing necessary evidence. The form requires the defendant's attorney to demonstrate diligent efforts to obtain these documents, highlighting the illegibility or inaccessibility of prior submissions from the District Attorney's office. Key features include spaces for the names of the parties, a detailed explanation of the request, and certifications of service. Filling out the form involves clearly articulating the specific documents in question and any obstacles faced in obtaining them. Attorneys must ensure that the form is submitted timely to meet court deadlines. This motion is crucial for various legal professionals—attorneys, partners, owners, associates, paralegals, and legal assistants—who need to advocate effectively for their clients' rights. Additionally, the form serves to maintain transparency and accountability within the prosecutorial process, ultimately benefiting the legal representation and defense strategy.
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FAQ

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The answering or objecting party may file a response to the motion to compel. The response must contain adequate justification for that party's objections, or argument showing why the party's answers to the discovery requests at issue were sufficient.

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.

Consider Filing a Motion to Compel if: A party fails to answer an interrogatory. A party's response to a discovery request is incomplete or evasive. A person fails to answer a question during a deposition. A non-party objects to a request for documents under a subpoena.

You must respond to the request and swear under oath that your response is true. Then you'll deliver your response to the other side's attorney (or to the other side, if they don't have an attorney).

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Criminal Motion For Discovery Withheld