Utah Motion for State to Produce Names of Witnesses

State:
Multi-State
Control #:
US-00856
Format:
Word; 
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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.

Utah Motion for State to Produce Names of Witnesses is a legal document filed by the defense in criminal cases. This motion requests the state to disclose the names of the witnesses they intend to call during trial. By knowing the witnesses in advance, the defense can properly prepare their case, conduct investigations, gather evidence, and ensure a fair trial. The purpose of this motion is to protect the defendant's constitutional right to due process, confront their accusers, challenge witness credibility, and adequately prepare a defense strategy. It seeks to avoid surprise witnesses or last-minute disclosures that can hinder the ability of the defense to effectively respond. There are various types of Utah Motion for State to Produce Names of Witnesses that can be filed in different situations. Some of these types include: 1. General Motion: This is a standard motion that requests the state to disclose the names of all witnesses they plan to call during the trial. It is commonly filed at the beginning of the case to ensure sufficient time for preparation. 2. Specific Witness Motion: In certain cases, the defense may have information or evidence suggesting the existence of a specific witness. This motion specifically requests the state to identify and provide the name of that particular witness. 3. Witness Disclosure Violation Motion: If the state fails to disclose witness names as required by law or court rules, the defense can file this motion. It asks the court to compel the state to produce the names of the witnesses, and if appropriate, impose sanctions for non-compliance. 4. Expert Witness Motion: In cases involving expert witnesses, the defense may file a motion requesting the state to identify and disclose the names of these specialized witnesses. This motion ensures that the defense has adequate time to challenge the qualifications and methodologies of these experts. Overall, the Utah Motion for State to Produce Names of Witnesses is an essential tool for the defense to gather crucial information and prepare a robust defense strategy. It promotes fairness, transparency, and adherence to the principles of justice in criminal proceedings.

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FAQ

Federal Rule of Civil Procedure 26(A)(2) governs disclosure of expert testimony. The rule purports to create a clear delineation between experts that must provide a written report and those that do not. The rule then outlines the disclosure requirements that must be satisfied as to each type of expert.

(1) A motion must be in writing and state succinctly and with particularity the relief sought and the grounds for the relief sought. Any evidence necessary to support the moving party's position must be presented by way of one or more affidavits or declarations or other admissible evidence.

If real or personal property is within the state, the court in lieu of directing a conveyance thereof may enter a judgment divesting the title of any party and vesting it in others and such judgment has the effect of a conveyance executed in due form of law.

Subject to the provisions of Subdivision (b)(5) of this rule, a party may obtain discovery of documents and tangible things otherwise discoverable under Subdivision (b)(1) of this rule and prepared in anticipation of litigation or for trial by or for another party or by or for that other party's representative ( ...

Each party must attach to the Financial Declaration the following: (1) For every item and amount listed in the Financial Declaration, excluding monthly expenses, copies of statements verifying the amounts listed on the Financial Declaration that are reasonably available to the party.

A defendant sentenced, or required as a term of probation, to serve a period of incarceration in jail or in prison, shall be detained, unless released by the court in conformity with this rule.

Rule 702 - Testimony by Experts (a) Subject to the limitations in paragraph (b), 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 ...

No later than 7 days before trial, each party must serve and file counter designations of deposition testimony, objections and grounds for the objections to the use of a deposition and to the admissibility of exhibits.

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... file a motion asking the judge for an order protecting the documents or information. The party seeking discovery must show the judge that the documents or ... Subject to the foregoing qualifications, the summary of the witness's expected testimony should be just that– a summary. The rule does not require prefiled ...(1) A justice court judge shall provide to each person who has served as a juror or as a witness in a criminal case when summoned for the prosecution by the ... The notice shall state the date, time and place for the deposition and the name and address of each witness. If the name of a witness is not known, the notice ... A written list of the names and current contact information of all persons, except for the defendant, whom the defense intends to call as witnesses at trial; ... Filing complete witness testimony designation form and any motion relating to the issues therein, 7 days before final pretrial conference. Pretrial and Trial ... 1 Apr 2015 — A prosecutor must disclose information that either casts a substantial doubt upon the accuracy of any evidence – including but not limited to ... 28 Nov 2021 — This is the formal process of exchanging information between the parties about the witnesses and evidence they ll present at trial. A party must make the initial disclosures at or within 14 days after the parties' Rule 26(f) conference unless a different time is set by stipulation or court ... If there is no “moving party” the Plaintiff will call witnesses first. The person who calls the witness to the stand will be able to ask questions first. When ...

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Utah Motion for State to Produce Names of Witnesses