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Massachusetts Prosecution Certificate of Discovery Compliance
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Massachusetts
Control #:
MA-DC-CR-002
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PDF
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How to fill out Massachusetts Prosecution Certificate Of Discovery Compliance?
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FAQ
Unlike prosecutors, defendants can't call on police agencies to help them investigate and respond to evidence they find out about for the first time at trial. Thus, every jurisdiction (each state and the federal government) has discovery rules requiring prosecutors to disclose evidence to defendants prior to trial.
That disclosure is accomplished through a methodical process called "discovery." Discovery takes three basic forms: written discovery, document production and depositions. See 's Stages of a Personal Injury Case section for related articles and resources.
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
Criminal discovery is the process in which a criminal defense lawyer requests to inspect the evidence that is planned on being used against the defendant. This is typically through a written request of this nature.
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.One of the most common methods of discovery is to take depositions.
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.
Discovery compliance means that each party (in this case prosecution and defense) have to comply with court orders regarding sharing certain information about the case, such as information on witnesses, and evidence that may be used at trial.
To sanction a party failing to comply with discovery, the court can order attorney's fees, or they can order the fact you are seeking to establish as having been established for purposes of your case, because the other side will not respond to the discovery on this issue.
No matter what the prosecutor's personal feelings about the case, the prosecutor needs legally admissible evidence sufficient to prove the defendant's guilt beyond a reasonable doubt. If the evidence isn't there (or likely to be suppressed before trial), proceeding would be futile.