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A motion to compel discovery is used to get the other side to answer any of the discovery types mentioned above when they have refused to do so. This motion is filed with the court. The court will force the other side to do something they must do.
The discovery period typically begins when the first initial disclosures are due and continues for 180 days.
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.
You only need to sign and deliver the discovery request to the other party or the other party's attorney. If you are serving a discovery request on a non-party, then the request must be filed. Texas Rules of Civil Procedure Rule 191.4 governs the filing requirement for discovery requests.
A: In Texas, You MUST make a Demand for discovery pursuant to the rules of the Texas Rules of Criminal Procedure. Once that request is properly made, the DA has 20-30 days to respond. Make sure you or your attorney also asks for Brady materials.