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  1. #1
    Join Date
    Jun 2006
    Location
    Arkansas
    Posts
    643

    Default Re: Motion for Discovery Granted but Not Fulfilled

    Normally if you do not bring up a discovery violation prior to trial any claim that a discovery violation occurred will be waived. If you wait and bring it up on the eve of trial though you knew about it sooner the court will probably wonder why it is being raised at the 11th hour--a continuance or delay of the trial may be possible in that instance--that is in the court's discretion.

    Discovery is a process whereby each side has the opportunity to discover each side's evidence so if the other side's discovery is deficient and you bring it to their attention then yes they will have the opportunity to correct it--that is how it is supposed to work such as to facilitate the trial when it does occur and discovery is not a mechanism for playing games.

    If the court finds a discovery violation to have occurred it can impose sanctions but dismissal of a criminal charge is rarely imposed and you would normally see this type of extreme remedy for an egregious discovery violation (even if then).

    What the prosecution is obligated to provide through the process of discovery varies from state to state but it is normally not as rigid or strict as civil discovery--normally the state need only make available to you certain information and they normally would not be compelled to provide you with everything you are demanding, i.e., they are not required to give you everything you want.

  2. #2
    Join Date
    Sep 2008
    Location
    Chicago
    Posts
    1

    Default Re: Motion for Discovery Granted but Not Fulfilled

    I spoke to Rod Builder on a couple of occasions. I looked into the issue for him, and then we spoke and he didn;t't like what I had to say so he got borderline abusive and rude. He wants to fight the system as if he is some noble man or honorable person who was taken advantage of by EBAY or the S/A; he thinks he knows more than he does, but he doesn't Typical wannabee "jailhouse" lawyer.

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