Re: What to Request in Discovery
I still have absolutely NO idea what you're talking about. Here is your statement:
If YOU request the SMD expert, the prosecution is under NO obligation to inform you that they will be there -- the SMD expert is YOUR witness. The prosecution only has to inform you of THEIR witnesses. I don't know how else to explain this.
If YOU request the SMD expert and they do not show up, the judge may grant a dismissal, but might just grant a continuance, if the prosecutor requests it. If you do NOT subpoena the SMD expert, there is VERY LITTLE CHANCE that they will be there -- even if the prosecution does list them as a possible witness. More than likely, the prosecutor will simply submit the certification pursuant to IRLJ 6.6 (d). And, again, the prosecution is under NO obligation to send you a copy of this certification, as long as it's on file with the court (although in some courts they do anyway). IF it is on file with the court, it is YOUR obligation to go there to view it -- you will NOT get a dismissal because they didn't SEND you a copy.
If the prosecution does include the SMD expert as a possible witness, and even if you only receive this information a day in advance, the judge will probably just grant you a continuance, not a dismissal, if he/she does show.
Where am I going? And why am I in this handbasket?