This form is a Motion for Discovery of Information Necessary to Receive a Fair Trial. Defendant's counsel requests that the prosecution disclose, and permit an inspection of all statements, written or oral, made by the defendant to any person, at anytime, before or after his arrest, including the name and address of the person(s) to whom the statement(s)were made.
New York Motion for Discovery of Information Necessary to Receive a Fair Trial
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Discovery is the means by which one party in a legal action seeks to learn as much as possible about the opposing party's case in order to devise an appropriate trial strategy. In the 1963 decision in Brady v.
A Motion to Compel is a formal request to the Court to require a party or a non-party in a lawsuit to comply with a discovery request such as a request for production, request for admission, interrogatory, or subpoena.
Mandate an ?open file? policy across the 62 NYS district attorneys' offices, requiring that prosecutors make all non-privileged discovery material available to the defense as soon as they possess it. The statute creates a new discovery standard: all material ?related to? a case.
In some cases, the offense may not become known until a later date. In these instances, New York laws sometimes allow the statute of limitations period to commence on the date the injury is discovered or should reasonably have been discovered. This is known as the discovery rule.
You have 30 days to respond to interrogatories, but you may ask the other party for more time. If the other party declines, you may write to the judge to ask for an extension of time. You must answer each interrogatory separately and fully in writing and under oath.
Effective January 1, 2020, New York State is replacing its discovery law, dubbed the ?blindfold? law, with a new statute requiring the sharing of evidence by default between the prosecution and defense on an accelerated timeline.