North Dakota Motion for State to Produce Discovery Document

State:
Multi-State
Control #:
US-00855
Format:
Word; 
Rich Text
Instant download

Description

This is a Motion for State to Produce Discovery Documents. This is filed by the Defendant's attorney after he/she has unsuccessfully tried to obtain copies of all discovery documents from the District Attorney's office. This may also be used if, although given copies of said documents, the copies are illegible. This form is applicable in all states.
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FAQ

Subject to constitutional limitations, the defense shall disclose to the prosecution the nature of any defense, other than alibi, which the defense intends to use at trial. The defense shall also disclose the names and addresses of persons whom the defense intends to call as witnesses at trial.

Alabama Rules of Criminal Procedure Rule 16. Discovery. Discovery by the defendant. (2) Disclose the substance of any oral statements made by the defendant, before or after arrest, to any law enforcement officer, official, or employee which the state/municipality intends to offer in evidence at the trial.

The amendment to North Dakota's rule requires the prosecution, upon written request, to disclose that portion of any written record containing the substance of any oral statement made by the defendant in response to interrogation by any person then known to the defendant to be an agent of the government.

Rule 26(f) requires federal litigants to confer early in a case, develop a discovery plan, and submit to the court a written report outlining the plan. Fed. R. Civ.

Unless otherwise limited by court order, the scope of discovery is as follows: Parties may obtain discovery regarding any nonprivileged matter that is relevant to any party's claim or defense, including the existence, description, nature, custody, condition, and location of any documents, electronically stored ...

A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise if the expert's scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue.

In a non-felony case, if the defendant pleads guilty without appearing in court, a written form must be used advising the defendant of his or her constitutional rights and creating a record showing that the plea was made voluntarily, knowingly, and understandingly.

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North Dakota Motion for State to Produce Discovery Document