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  1. #1
    Join Date
    Nov 2006
    Posts
    1

    Default Evidentiary information and discovery

    I am going to represent myself on a misdemeanor. Does the prosecutor in the discovery period before the pretrial have to have all the evidence from my side before the trial? I have a dispatch tape that has information on it that will make my case but i want to keep it quite until the trial. It shows the attacker was setting me up to be arrested.

  2. #2
    Join Date
    Jun 2006
    Location
    Arkansas
    Posts
    643

    Default Re: evidentiary information

    Discovery procedures vary from jurisdiction to jurisdiction but typically if the prosecution is accorded some discovery rights under statute or rule, they would file a motion for discovery and seve you with it. Absent such a request, I doubt you are required to furnish them with anything. There's also a difference is prosecutors--some will always avail themselves of whatever discovery rights they have and some will never bother to pursue them.

  3. #3
    Join Date
    Jul 2006
    Posts
    984

    Default Re: evidentiary information

    You will have to follow the rules of court and civil/criminal proceedure for your state and what ever local rules of court for your jurisdiction. If this is am E911 dispach tape, don't you think they will also have it? Also it will have to be authenticated. Not all evidence is allowed into the record.

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