Florida Motion for State to Produce Names of Witnesses

State:
Multi-State
Control #:
US-00856
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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.

Title: Understanding Florida's Motion for State to Produce Names of Witnesses: Overview and Types Introduction: In legal proceedings, the Florida Motion for State to Produce Names of Witnesses is a crucial document filed by the defense. This motion requests the prosecution to disclose the identities of witnesses they intend to call during the trial. By obtaining this information, the defense can adequately prepare their case and ensure a fair trial. In Florida, there are several types of motions related to producing names of witnesses, including those specified below. 1. General Motion for State to Produce Names of Witnesses: This type of motion requests the prosecution to provide a comprehensive list of witnesses they plan to present in court. It's a broad request seeking entire witness lists, including key expert witnesses, eyewitnesses, character witnesses, and any other relevant individuals who may testify against the defendant. 2. Specific Motion for State to Produce Names of Eyewitnesses: In certain cases, the defense may specifically request the prosecution to disclose the identities of eyewitnesses. This motion focuses on obtaining information about individuals who have directly witnessed the incident in question. By knowing their identities, the defense can investigate their background, credibility, and potential biases. 3. Expert Witness Motion for State to Produce Names of Witnesses: Expert witnesses play a critical role in presenting specialized knowledge or opinions that can influence the trial's outcome. This motion seeks to reveal the identities of expert witnesses the prosecution plans to call. By knowing their identities in advance, the defense can assess their qualifications, experience, and potentially challenge their credibility or methodologies. 4. Disclosure of Informant Motion for State to Produce Names of Witnesses: If the prosecution's case relies on informant testimony, this motion aims to compel the state to disclose the informant's identity. The defense may argue that revealing informants' names is necessary to challenge their credibility, assess possible biases, or investigate any potential motive they may have to provide false information. 5. Brady Material Motion for State to Produce Names of Witnesses: In some cases, the defense may file a motion requesting the prosecution to disclose any exculpatory evidence in their possession, as per the Supreme Court's ruling in Brady v. Maryland. While not specifically focused on witnesses, this motion encompasses any information that could potentially benefit the defense, including new witnesses or new facts regarding existing witnesses. Conclusion: The Florida Motion for State to Produce Names of Witnesses is essential for the defense in building an effective case strategy. By filing these motions, defense attorneys can successfully obtain crucial information about potential witnesses, both expert and lay, to prepare for cross-examination, investigate credibility, and ensure a fair trial. Different types of motions may focus on the disclosure of witnesses' identities, specific eyewitnesses, expert witnesses, informants, or the potential presence of exculpatory evidence.

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3.220(i) reads ??Neither the counsel for the parties nor other prosecution or defense personnel shall advise persons having relevant material or information (except the defendant) to refrain from discussing the case with opposing counsel or showing opposing counsel any relevant material, nor shall they otherwise impede ...

The working group's professionalism proposal, Rule 1.279: Standards of Conduct for Discovery, cautions against ?surprise tactics, delay, trickery, and concealment of discoverable information? and reminds attorneys that ?not meeting discovery obligations by delay, obstructing the truth, or failing to be candid with the ...

Rule 3.361 - WITNESS ATTENDANCE AND SUBPOENAS (a)Subpoenas generally. Subpoenas for testimony before the court and subpoenas for production of tangible evidence before the court may be issued by the clerk of the court or by any attorney of record in an action.

Under Florida law, a motion to dismiss is not sufficient good cause to stay discovery. Discovery is the process that opposing parties use to build evidence against another and is an instrumental part of the adversarial system.

(1) All discovery shall be completed within 60 days after the court enters an order adopting the joint expedited trial stipulation.

Motions to Dismiss Under Rule 3.190(c)(4) Under Rule 3.190(c)(4), Florida Rules of Criminal Procedure, a defendant may, at any time, file a motion to dismiss on grounds that there are no disputed issues of material fact in the case and the undisputed facts do not amount to a prima facie case of guilt.

When a person is found not guilty of the offense or is found not to be in violation of probation or community control by reason of insanity, if the court then determines that the defendant presently meets the criteria set forth by law, the court shall commit the defendant to the Department of Children and Families or ...

FINRA Rule 3220 (Influencing or Rewarding Employees of Others) (the Gifts Rule) prohibits any member or person associated with a member, directly or indirectly, from giving anything of value in excess of $100 per year to any person where such payment is in relation to the business of the recipient's employer.

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Depositions of witnesses residing outside the county in which the trial is to take place shall be taken in a court reporter's office in the county or state in ... 8. Ask the witness if the record was kept in the course of a regularly conducted business activity.This rule governs only the location of depositions. The procedure for procuring out-of-state witnesses for depositions is governed by statute. 2018 Amendment. The subpoena shall state the name of the court and the title of the action and shall command each person to whom it is directed to attend and give testimony or ... COMES NOW the Defendant, by and through his undersigned counsel, and respectfully moves the Court to strike the State's Category A witness, S. or S. D.. Feb 10, 2022 — You must file your complaint and other documents by mail or in person at a clerk's office. If you mail your documents, addresses (and phone ... (1) Subpoenas for witnesses in criminal cases shall run throughout the state and be directed to all of the sheriffs of the state. (2) When possible, the names ... One of the first steps in preparing for trial is talking to witnesses who could be called to testify in court. A witness is a person who saw or heard the crime ... All Forms ; AO 99, Appearance Bond of Witness ; AO 458, Appearance of Counsel ; AO 106, Application for a Search Warrant ; AO 102, Application for a Tracking ... The disclosure for each expert witness must contain: a complete statement of all opinions that the government will elicit from the witness in its case- in-chief ...

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Florida Motion for State to Produce Names of Witnesses