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Louisiana Motion and Order for Discovery...

Louisiana Motion and Order for Discovery, with Notice of Defense based on Mental Condition

Name: Louisiana Motion and Order for Discovery, with Notice of Defense based on Mental Condition
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.62 (460 reviews)

Category:

Louisiana Criminal - Discovery

State:

Louisiana

Control #:

LA-5208

Format:

Instant download

Description

This is an example of a Motion for Discovery, in which the defendant's counsel requests that the prosecution be ordered to disclose information and permit inspection of evidence pertaining to the matter, as specified in the motion. An Order to Show Cause is attached. Also attached is a Notice of Defense Based upon Mental Condition, in which the defendant’s attorney notifies all parties involved that testimony will be introduced to show that that the defendant’s mental state at the time of the alleged offense exempts him from criminal responsibility.

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FAQ

An arraignment in Louisiana is the first court appearance in criminal court in Louisiana. Prior to the arraignment, the prosecutor either filed a bill of information, which is the formal charge, or the grand jury returned a true bill indictinhg the defendant. The arraignment is then set.

Courts have held that the U.S. Constitution doesn't impose a general duty on the prosecution to disclose material evidence to the defense. Material is generally shorthand for relevant; it's often used to refer to evidence that, if disclosed, could affect the outcome of a case.

The state has to bring you to trial with 120 days if you are accused of a felony and 30 days if you are accused of a misdemeanor and are still being held in custody. If you have bonded out, the State has 180 days to bring you to trial on a felony charge and 60 days to bring you to trial on a misdemeanor charge.

Request for Production of Documents: You can ask the plaintiff to produce documents that prove what they are claiming: like bills, their ledger and contract with you. Request for Interrogatories: You can ask the plaintiff to answer questions in writing about your case and the debt, like.

Discovery, in the law of common law jurisdictions, is a pre-trial procedure in a lawsuit in which each party, through the law of civil procedure, can obtain evidence from the other party or parties by means of discovery devices such as interrogatories, requests for production of documents, requests for admissions and

(1) A motion by the defendant for a speedy trial, in order to be valid, must be accompanied by an affidavit by defendant's counsel certifying that the defendant and his counsel are prepared to proceed to trial within the delays set forth in this Article.

A party who discovers additional evidence or material before or during trial must promptly disclose its existence to the other party or the court if: (1) the evidence or material is subject to discovery or inspection under this rule; and. (2) the other party previously requested, or the court ordered, its production.

Discovery is the process through which defendants find out about the prosecution's case. For example, through standard discovery procedure, they can: get copies of the arresting officers' reports and statements made by prosecution witnesses, and. examine evidence that the prosecution proposes to introduce at trial.

To begin preparing for trial, both sides engage in discovery . This is the formal process of exchanging information between the parties about the witnesses and evidence they'll present at trial. Discovery enables the parties to know before the trial begins what evidence may be presented.

Louisiana Motion and Order for Discovery, with Notice of Defense based on Mental Condition

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FAQ

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