Montana Motion for Discovery of Information Necessary to Receive a Fair Trial is a legal process that allows a defendant or their attorney to request specific information from the prosecution in order to prepare for a fair trial. This motion is often filed in criminal cases where the defendant wishes to obtain evidence or materials that may be crucial to their defense. In Montana, there are different types of motions that fall under the broader category of Motion for Discovery of Information Necessary to Receive a Fair Trial: 1. General Discovery Motion: This is the most common type of motion filed in Montana criminal cases, where the defendant requests the prosecution to disclose any evidence or information that may be favorable to their case. It includes materials such as police reports, witness statements, expert opinions, photographs, videos, and any other evidence that the prosecution intends to introduce at trial. 2. Brady Material Motion: Named after the landmark U.S. Supreme Court case Brady v. Maryland, this motion seeks specifically to obtain evidence that is favorable to the defendant and is known to the prosecution. This can include any evidence that may impeach the credibility of a witness, prove the defendant's innocence, or undermine the prosecutor's case. 3. Decks Act Motion: Derived from the Decks Act, this motion is aimed at obtaining statements or reports made by government witnesses during the investigation. If a witness has made any written or recorded statements, the defense can request these materials to assess their credibility and potential inconsistencies in their testimony. 4. Motion for Production of Witness List: This motion focuses on compelling the prosecution to provide a list of witnesses they intend to call during trial. By obtaining this list in advance, the defense can prepare for cross-examination and rebuttal strategies. 5. Motion for Production of Expert Witnesses: In cases where the prosecution intends to present expert witness testimony, the defense may file this motion to request the disclosure of the expert's qualifications, reports, and any underlying data or materials upon which their testimony is based. 6. Motion for Production of Grand Jury Materials: If the case originated from a grand jury indictment, this motion aims to obtain transcripts, recordings, or other materials related to the grand jury proceedings. This allows the defense to assess the reliability and credibility of the evidence presented to the grand jury. Each of these motions serves the purpose of ensuring a fair trial by granting the defendant access to vital information and evidence that may affect the outcome of their case. It is important for defendants or their attorneys in Montana to be aware of these various motions and to file them in a timely manner to secure the necessary information for an effective defense strategy.
Montana Motion for Discovery of Information Necessary to Receive a Fair Trial
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Evidence of a person's character or a trait of character is not admissible for the purpose of proving action in conformity therewith on a particular occasion, except: (1) Character of accused. Evidence of a pertinent trait of character offered by an accused, or by the prosecution to rebut the same.
Rule 37-Failure to Make or Cooperate in Discovery: Sanctions. (a) Motion for Order Compelling Disclosure or Discovery. A party, upon reasonable notice to other parties and all persons affected thereby, may apply for an order compelling disclosure or discovery as follows: (1) Appropriate Court.
If the court where the discovery is taken orders a deponent to be sworn or to answer a question and the deponent fails to obey, the failure may be treated as contempt of court.
If the other person did not respond or didn't provide complete responses, try to work it out with them directly first. If that does not work, you can request a court order that requires them to respond or respond with more information.
Evidence of (1) furnishing or offering or promising to furnish, or (2) accepting or offering or promising to accept, a valuable consideration in compromising or attempting to compromise a claim which was disputed as to either validity or amount is not admissible to prove liability for or invalidity of the claim or its ...
(1) An order striking out the pleadings or parts of the pleadings of any party engaging in the misuse of the discovery process. (2) An order staying further proceedings by that party until an order for discovery is obeyed. (3) An order dismissing the action, or any part of the action, of that party.
Rule 37 authorizes the court to direct that parties or attorneys who fail to participate in good faith in the discovery process pay the expenses, including attorney's fees, incurred by other parties as a result of that failure. Since attorneys' fees cannot ordinarily be awarded against the United States (28 U.S.C.
Each party and each party's attorney are under a duty to participate in good faith in the framing of a discovery plan if a plan is proposed by the attorney for any party. Notice of the motion shall be served on all parties.