The Indiana Motion for Discovery of Information Necessary to Receive a Fair Trial is a legal procedure that allows the defense party in a criminal case to request certain information and evidence from the prosecution to ensure a fair trial. This motion is crucial as it helps the defense in building their case, preparing for trial, and challenging the evidence presented by the prosecution. In Indiana, there are several types of Motions for Discovery that can be filed, each serving a specific purpose. These types may include: 1. General Discovery Motion: This motion requests a comprehensive range of information, evidence, and documents from the prosecution. It seeks to obtain all relevant materials that may be necessary for the defense to effectively prepare their case. 2. Specific Discovery Motion: This motion focuses on obtaining specific information or evidence critical to the defense strategy. It may request items such as witness statements, police reports, forensic evidence, surveillance footage, or any other relevant materials directly related to the case. 3. Brady Motion: Named after the 1963 Supreme Court case Brady v. Maryland, this motion specifically requests any exculpatory evidence that may be favorable to the defense. Exculpatory evidence refers to information that could potentially prove the defendant's innocence or cast reasonable doubt on their guilt. It is the prosecution's constitutional duty to disclose such evidence, and a Brady motion ensures that this obligation is fulfilled. 4. Decks Act Motion: This motion applies when the defense requests any statements or reports made by witnesses that may have been taken during the investigation or preparation of the case by the prosecution. The Decks Act primarily relates to statements made by government witnesses. The defense can request to review these statements to assess credibility, inconsistencies, or contradictions that could undermine the witness's testimony. 5. Motion to Preserve Evidence: This motion is filed when there is a concern that evidence in possession of the prosecution may be lost, destroyed, or altered. It seeks court orders to ensure the preservation of crucial evidence, such as DNA samples, surveillance footage, or physical objects that may play a significant role in the case. Filing these various types of motions for discovery is essential to safeguard a defendant's constitutional rights and ensure a fair trial. By obtaining necessary information and evidence, the defense can present a robust argument, challenge weak claims, and potentially secure a favorable outcome for their client.
Indiana Motion for Discovery of Information Necessary to Receive a Fair Trial
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For an expert expected to be called at trial, Rule 26(b)(4)(A)(i) provides that a party can be required to disclose the identity of such expert, the subject matter on which he or she is expected to testify, the substance of the facts and opinions to which the expert is expected to testify, and a summary of the basis ...
Rule 55 - Default (A) Entry. When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise comply with these rules and that fact is made to appear by affidavit or otherwise, the party may be defaulted by the court.
Trial Rule 79.1 constitutes the exclusive manner for the selection of special judges in all actions in city, town, and the Marion county small claims courts. (B)Duty to notify court. It shall be the duty of the parties to advise the court promptly of an application or motion for change of judge.
Trial Rule 77(A) - Required records. The clerk of the circuit court shall maintain any record required by an act of the general assembly or a duly promulgated rule of any state agency, including the following: Lis pendens record - Ind.
It shall be the duty of each court reporter whenever required by the judge, to be promptly present in court, and take down in shorthand or by other means the oral evidence given in all causes, including both questions and answers, and to note all rulings of the judge in respect to the admission and rejection of ...
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 the claim or defense of any other party, including the existence, description, nature, custody, ...
76. Rule 76 - Change of venue (A) In civil actions where the venue may be changed from the county, such change of venue from the county may be had only upon the filing of a verified motion specifically stating the grounds therefor by the party requesting the change.
Trial Rule 75(A) a case may be commenced in any court or county subject to transfer to a county of preferred venue or a change of venue from the county. all or some of the property is located or can be found if the case seeks only an in rem judgment against the property due to service by publication.