Criminal Motion For Discovery Within

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

Description

This is a Motion for State to Produce Discovery Documents. This is filed by the Defendant's attorney after he/she has unsuccessfully tried to obtain copies of all discovery documents from the District Attorney's office. This may also be used if, although given copies of said documents, the copies are illegible. This form is applicable in all states.
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FAQ

Discovery typically takes several months, but it can extend to a year or more in complex cases. Lawyers usually need adequate time to gather and exchange evidence, depose witnesses, review documents, and prepare their case.

A ruling by a court to stop or suspend a proceeding or trial temporarily or indefinitely.

If the total delay from the charge to the actual or anticipated end of trial (minus defence delay or a period of delay attributable to exceptional circumstances) falls below the presumptive ceiling, then the onus is on the accused to show that the delay is unreasonable.

Read the Rules Examinations for discovery are part of the litigation process, but they do not take place in open court, and no judges or court officials are present.

579 (1) of the Criminal Code. That section empowers the Crown to stay proceedings for up to a year. If the proceedings are not restarted within that window, the "proceedings shall be deemed never to have been commenced."

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Criminal Motion For Discovery Within