A Missouri Motion for State to Produce Discovery Document is a legal pleading filed by the defendant in a criminal case to request the state to provide all relevant evidence and information related to the case. This motion is an essential part of the discovery process, which allows both parties to obtain and review the evidence that will be presented at trial. In Missouri, there are different types of motions for the state to produce discovery documents, each serving a specific purpose in the legal proceedings. Some common types include: 1. General Motion for Discovery: This motion requests the state to produce all relevant discovery materials, including witness statements, police reports, photographs, videos, audio recordings, and any other evidence in the possession of the prosecution. 2. Brady Motion: Named after the landmark Supreme Court case Brady v. Maryland, this motion is filed when the defendant believes that the state is withholding exculpatory evidence that could be favorable to the defense. The motion asserts that the prosecution is obligated to disclose any evidence that could potentially undermine the credibility of the government's case. 3. Giulio Motion: Similar to the Brady motion, a Giulio motion is filed when the defense suspects that the state has failed to disclose evidence regarding the credibility of a witness. This specifically pertains to evidence of any promises, deals, or incentives given to a witness in exchange for their testimony. 4. Pitchers Motion: This motion is utilized in cases where law enforcement officers are potential witnesses. It requests the state to produce any records of prior complaints or disciplinary actions against the officers involved, which could affect their credibility on the stand. 5. Motion for Specific Discovery: Sometimes, the defense may require access to specific documents or information that they believe exists but has not been provided by the state. A motion for specific discovery enables the defense to request the production of specific items relevant to the case. In summary, a Missouri Motion for State to Produce Discovery Document is a legal tool utilized by the defense to gain access to all relevant evidence held by the prosecution. These motions play a crucial role in ensuring a fair trial by allowing the defense to adequately prepare its case and challenge the credibility of witnesses or the strength of the state's evidence.
Missouri Motion for State to Produce Discovery Document
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How to fill out Missouri Motion For State To Produce Discovery Document?
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Rule 56.01(b)(9) provides a procedure for clawing back information produced in discovery that is subject to a claim of attorney-client privilege or work-product protection. If the producing party gives notice, the receiving party must promptly return, sequester, or destroy the specified information. What you need to know about Missouri's updated discovery ... Thompson Coburn ? publications ? item Thompson Coburn ? publications ? item
Requests or motions for discovery may be made after the filing of the indictment or information. Requests or motions for discovery shall be made not later than twenty days after arraignment. Requests or motions for discovery shall be answered within fourteen days after service of the request. Misdemeanors or Felonies-Time for Discovery, Mo. R. Crim. P. 25.02 casetext.com ? missouri-rules-of-criminal-procedure casetext.com ? missouri-rules-of-criminal-procedure
Parties may obtain discovery regarding any matter, not privileged, that is relevant to the subject matter involved in the pending action, whether it relates to the claim or defense of the party seeking discovery or to the claim or defense of any other party, including the existence, description, nature, custody, ...
Under current Supreme Court rules, discovery may commence at any time after the defendant's initial appearance in court. The state must provide the defendant's counsel with material within 14 days of service of the request. Requests or motions for discovery must be made no later than 20 days after arraignment. Modifies Missouri Supreme Court Rules relating to discovery ... Missouri Senate (.gov) ? BTS_Web ? Bill Missouri Senate (.gov) ? BTS_Web ? Bill
Unless otherwise stipulated or ordered by the court, any party may serve upon any other party no more than 25 written interrogatories, including all discrete subparts.
[a] party may discover by depositionthe facts and opinions to which the expert is expected to testify.? Under Rule 56.01(b)(4), the facts and opinions of an expert are only discoverable by deposition. Willis v. Brot, 652 S.W. 2d 738, 740 (Mo. Applying the Rules of Evidence Expert Reports and Scientific Evidence bruerlaw.com ? applying-the-rules-of-evide... bruerlaw.com ? applying-the-rules-of-evide...
Rule 56.01(g): The Order added language requiring all parties to make reasonable efforts to cooperate for the purpose of minimizing the burden and expense of discovery.
Under Missouri rules, the party taking the expert's deposition has to pay for the deposition; therefore, the party disclosing the expert is required to state what the expert charges for deposition. A party also need only state the general nature of the subject on which the expert is expected to testify.