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Discovery. Before a prosecutor begins a trial, there is much work to be done. In both civil and criminal cases, discovery involves investigating the evidence that the other side plans to present.Full pretrial disclosure of discovery in a criminal case also implicates a defendant's right to effective assistance of counsel under the Sixth Amendment. Typically, the prosecution gives the defense lawyer the initial discovery at the arraignment. Depositions and other discovery proceedings under subchapter 2. DISCOVERY Contents: a. Discovery enables the parties to know before the trial begins what evidence may be presented. These reports and evidence items are called "discovery". Sometimes it takes a long time to get all the discovery. 1(4) permits discovery of reports of examinations and tests.