Louisiana Motion For Discovery

State:
Louisiana
Control #:
LA-5207
Format:
Word; 
Rich Text
Instant download

Description

The Louisiana Motion for Discovery is a legal document used in criminal proceedings, allowing the defendant to request access to evidence held by the District Attorney. Key features of this form include requests for written or recorded confessions, details about oral statements, inspection of tangible objects, and access to scientific test results. The motion also seeks information on any exculpatory evidence relevant to the case, as well as details of prior crimes that may be introduced at trial. This form is crucial for ensuring the defendant's right to a fair trial by facilitating their examination of evidence against them. To fill out the form, legal representatives must provide the relevant case details and ensure proper filing with the court. The target audience for this form includes attorneys, partners, owners, associates, paralegals, and legal assistants who assist in criminal defense. By utilizing this form, legal professionals can effectively advocate for their clients' rights and ensure compliance with discovery obligations.
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FAQ

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 to 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.

On motion to compel discovery or for a protective order, the party from whom discovery is sought shall show that the information is not reasonably accessible because of undue burden or cost. If that showing is made, the court may nonetheless order discovery from such sources if the requesting party shows good cause.

(a) A party moving to compel discovery or to obtain relief from discovery shall file with its motion a certificate stating that the parties to the discovery dispute or their counsel have conferred in person or by telephone to attempt to resolve the dispute amicably, and the reasons they are unable to agree; or stating ...

Some times prosecutors withhold evidence because it is harmful to their case or they don't feel it is relevant. When the defendant or the defense attorney learns of the withheld evidence, the defense attorney can file a Motion to Compel Discovery listing items believed to be unlawfully withheld by the prosecutor.

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Louisiana Motion For Discovery