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.
Ohio Motion for Discovery of Information Necessary to Receive a Fair Trial
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37. On notice to other parties and all affected persons, a party may move for an order compelling discovery. The motion shall include a certification that the movant has in good faith conferred or attempted to confer with the person or party failing to make discovery in an effort to obtain it without court action.
Certain types of information are generally protected from discovery; these include information which is privileged and the work product of the opposing party.
26. Physical property, other than contraband, as defined by statute, under the control of a Prosecuting Attorney for use as evidence in a hearing or trial should be returned to the owner at the earliest possible time.
The basic rules of discovery maintain that all parties are permitted to obtain information that relates to the lawsuit (no matter how minor) as long that info is not ?privileged? or legally protected. Examples of things an attorney may request in discovery include: Any documents that relate to the dispute.
A defendant shall make his demand for discovery within twenty- one days after arraignment or seven days before the date of trial, whichever is earlier, or at such reasonable time later as the court may permit.
3d 350 -- Syllabus: "Information that a criminal prosecutor has disclosed to the defendant for discovery purposes pursuant to Crim. R. 16 is not thereby subject to release as a 'public record' pursuant to R.C. 149.43."
Discovery may be permitted by deposition upon oral examination or written questions; written interrogatories; production of documents or tangible things or permission to enter upon land or other property; and requests for admissions.
(1) Application for a new trial shall be made by motion which, except for the cause of newly discovered evidence, shall be filed within fourteen days after the verdict was rendered, or the decision of the court where a trial by jury has been waived, unless it is made to appear by clear and convincing proof that the ...