(This device is also referred to as a "notice of discovery and inspection"). The demand must define the items sought with reasonable particularity.This guide is intended to be a summary of basic discovery procedures. Sample Subpoena and Business Records Certification (to compel testimony and production of documents generally) A letter containing a notice of breach, a demand and an explicit reservation of rights. • An adverse inference against the defendant was deemed to be a. There shall be full disclosure of all matter material and necessary in the prosecution or defense of an action, regardless of the burden of proof. If the prosecution intends to introduce evidence of "uncharged misconduct and criminal acts" at trial not charged in the indictment or information (i.e. This Note also addresses discovery motions and appeals from discovery orders. This is the formal process of exchanging information between the parties about the witnesses and evidence they ll present at trial.