Pennsylvania Motion for State to Produce Names of Witnesses

State:
Multi-State
Control #:
US-00856
Format:
Word; 
Rich Text
Instant download

Description

This is a Motion for State to Produce Names of Witnesses. It is filed by the Defendant, in order that he/ she may be able to subpoena all of the state's witnesses, prior to a hearing. This form is applicable in all states.

A Pennsylvania Motion for State to Produce Names of Witnesses is a legal document filed by the defense in a criminal case. This motion requests that the state provides the names and contact information of all witnesses it intends to call at trial. This information is crucial for the defense to adequately prepare for trial and effectively cross-examine these witnesses. Let's explore the different types of Pennsylvania Motions for State to Produce Names of Witnesses: 1. Pretrial Motion: This motion is typically filed before the start of the trial. The defense requests the state to disclose the names, addresses, phone numbers, and any other relevant contact information of the witnesses the prosecution plans to call during the trial. 2. Witness List Addition Motion: If the state reveals new witnesses after the pretrial phase, the defense can file a motion requesting the state to produce the newly added witness names promptly. This ensures the defense has sufficient time to investigate and prepare for cross-examination. 3. Witness Identity Protection Motion: In some cases, the defense might anticipate witness tampering, intimidation, or a threat to witness safety. In such instances, the defense can file a motion requesting the court to grant protective measures, such as withholding or partially disclosing witness identities, to ensure their safety and secure the integrity of the trial process. 4. Discovery Violation Motion: If the state fails to fulfill its obligation to disclose witness names in a timely and complete manner, the defense can file a motion informing the court about the discovery violation. This motion may request appropriate sanctions against the prosecution for failing to comply with its discovery obligations. 5. Confidential Witness Motion: Occasionally, the state may have confidential informants or witnesses whose identities they wish to protect due to their involvement in sensitive or risky situations. In this scenario, the defense may file a motion seeking the court's permission to obtain the confidential witness's identity or to conduct a confidential interview with the witness. 6. Expert Witness Disclosure Motion: In cases involving expert witness testimony, the defense can file a motion requesting the state to provide the names and qualifications of all expert witnesses the prosecution intends to call. This motion ensures that the defense can assess the credibility and determine potential challenges to the expert's qualifications and methodology. In summary, a Pennsylvania Motion for State to Produce Names of Witnesses encompasses various types of motions aimed at obtaining witness information, ensuring a fair trial, and facilitating adequate preparation and cross-examination by the defense.

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FAQ

The test in new Rule 4007.4 is whether the party or the expert witness knows that the response was incorrect or is no longer correct in the light of intervening events of which he has knowledge. If he knows this, he must correct the response. If he does not know it, he need do nothing.

You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it.

Unless the court upon motion, for the convenience of parties and witnesses and in the interests of justice, orders otherwise, methods of discovery may be used in any sequence and the fact that a party is conducting discovery, whether by deposition or otherwise, shall not operate to delay any other party's discovery.

Rule 4003.4 resolves a problem not covered in the prior practice, and which has troubled the courts. It provides that any party may, upon request, obtain from his opponent a copy of the party's own statement or the statement of any witness in the possession of the opponent.

Objections. (a) The person before whom the deposition is taken shall put the witness on oath or affirmation and shall personally or by someone acting under his or her direction and in his or her presence record the testimony of the witness.

(e) A party may in the notice and in a subpoena, if issued, name as the deponent a public or private corporation or a partnership or association or governmental agency and describe with reasonable particularity the matters to be inquired into and the materials to be produced.

Rule 4007.2 - When Leave of Court Required (a) Except as provided by Rules 1042.5 and 4003.5(a)(2) and by subdivisions (b) and (d) of this rule, a deposition may be taken without leave of court.

(a) A subpoena is an order of the court commanding a person to attend and testify at a particular time and place. It may also require the person to produce documents or things which are under the possession, custody or control of that person.

More info

To obtain a subpoena, you must submit a written request to the Commission listing your witnesses and explaining why each one is important and necessary to prove ... Certification of Notice must be filed with the Register of Wills verifying that the personal representative has sent these notices (Form 8). One of the major ...A witness will now be entitled, merely upon request, to receive a copy of his own statement from the party in possession of it, and a party will now be entitled ... Oct 27, 2015 — The written request for a subpoena must state the name and address of each witness to be subpoenaed. Subpoenas must be served 7 days before the ... (i) Where a petitioner requests an evidentiary hearing, the petition shall include a certification signed by each intended witness stating the witness's name, ... ... in the presence of two witnesses who sign their names to the will in his presence. (3) Signature by another.--If the testator is unable to sign his name or to ... A motion for a new trial on the ground of after-discovered evidence shall, in addition to all other requirements, be accompanied by the affidavits of the ... One of the first steps in preparing for trial is talking to witnesses who could be called to testify in court. A witness is a person who saw or heard the crime ... Only judges decide the outcome of motions. Common pre-trial motions include: Motion to Dismiss – an attempt to get the judge to dismiss a charge or the case. (A) The notice prescribed in Pa.R.C.P. 2205 shall name the decedent, and state the Court, term and number of the action, and that if the person to whom it ...

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Pennsylvania Motion for State to Produce Names of Witnesses