A Michigan Motion for Discovery of Information Necessary to Receive a Fair Trial is a legal request made by the defense in a criminal case in the state of Michigan. This motion seeks to obtain relevant information, materials, or evidence that the prosecution is obligated to disclose under the law. It is an important aspect of ensuring the accused receives a fair trial by allowing both sides to have access to information that may be vital to building their case. Keywords: Michigan, motion for discovery, information, fair trial, defense, criminal case, relevant, evidence, materials, prosecution, disclose, law, accused, access, vital, case-building. Types of Michigan Motions for Discovery of Information Necessary to Receive a Fair Trial: 1. General Discovery Motion: A general discovery motion is a broad request for all information and evidence that the prosecution possesses and intends to use against the accused during trial. This includes witness statements, police reports, photographs, audio or video recordings, and any other relevant documents. 2. Specific Discovery Motion: A specific discovery motion is a targeted request for specific information or evidence that the defense believes is crucial to their case. This could include requesting access to certain documents, seeking additional forensic testing, or asking for the disclosure of confidential informant identities. 3. Brady Material Motion: A Brady material motion refers to a request for any evidence that may be favorable to the defense. This includes evidence that either exonerates the accused or undermines the credibility of the prosecution's case or witnesses. The defense may request any suppressed evidence, police misconduct records, or information that may impeach the credibility of the prosecution's witnesses. 4. Witness Statement Motion: A witness statement motion is filed to request the disclosure of any written or recorded statements made by witnesses in the case. These statements can provide valuable information about witness testimonies, inconsistencies, or potential biases. 5. Expert Witness Motion: An expert witness motion involves requesting information about any expert witnesses the prosecution intends to call during the trial. The defense may ask for their credentials, prior testimonies, opinions, or any other information that can help evaluate the credibility and expertise of these witnesses. 6. Preservation of Evidence Motion: A preservation of evidence motion is filed to ensure that all physical evidence, such as DNA samples, fingerprints, or surveillance footage, is preserved in its original condition. This motion aims to prevent any tampering or destruction of evidence that may impede the defense's ability to effectively examine and challenge it. By filing these various types of motions for discovery, the defense aims to gather as much relevant information as possible to construct a robust defense strategy and ensure a fair trial for the accused.
Michigan Motion for Discovery of Information Necessary to Receive a Fair Trial
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Under MRE 703 If of a type reasonably relied upon by experts in the particular field in forming opinions or in- ferences upon the subject, the facts or data need not be admissible in evidence in order for the opinion or inference to be admitted.
Evidence is relevant if: (a) it has any tendency to make a fact more or less probable than it would be without the evidence; and (b) the fact is of consequence in determining the action. Amended September 20, 2023, effective 1/1/2024.
Federal Rule 609 provides that a witness' credibility may be impeached with evidence of his or her prior criminal convictions: "There is little dissent from the general proposition that at least some crimes are relevant to credibility but much disagreement among the cases and commentators about which crimes are usable ...
Parties may obtain discovery regarding any non-privileged matter that is relevant to any party's claims or defenses and proportional to the needs of the case, taking into account all pertinent factors, including whether the burden or expense of the proposed discovery outweighs its likely benefit, the complexity of the ...
To be admissible, a demonstrative exhibit must be relevant, probative, and authenticated. Moreover, it must satisfy the rules concerning hearsay (MRE 801-806). Finally, if the demonstrative exhibit is presented in summary form, it must satisfy MRE 1006.
Rule 2.313 - Failure to Serve Disclosure or to Provide or to Permit Discovery; Sanctions (A) Motion for Order Compelling Disclosure or Discovery. A party, on reasonable notice to other parties and all persons affected, may apply for an order compelling disclosure or discovery as follows: (1) Appropriate Court.
Rule 609 of the Federal Rules of Evidence deals with the impeachment of a witness by evidence that the witness has been previously convicted of a crime.
For the purpose of attacking the credibility of a witness, evidence that he has been convicted of a crime is admissible but only if the crime (1) was punishable by death or imprisonment in excess of one year under the law under which he was convicted or (2) involved dishonesty or false statement regardless of the ...