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Exculpatory evidence is evidence favorable to the defendant in a criminal trial that exonerates or tends to exonerate the defendant of guilt.
A motion to compel asks the court to order either the opposing party or a third party to take some action. This sort of motion most commonly deals with discovery disputes, when a party who has propounded discovery to either the opposing party or a third party believes that the discovery responses are insufficient.
During the discovery phase, both parties learn what the other knows about the evidence by asking for certain documents, asking for answers to interrogatories, and taking depositions of witnesses who are under oath.
Discovery enables the parties to know before the trial begins what evidence may be presented. It s designed to prevent "trial by ambush," where one side doesn t learn of the other side s evidence or witnesses until the trial, when there s no time to obtain answering evidence.
A motion for discovery is a legal request to the court in a civil trial. The request asks the court to mandate that the opposing council and party turn over a given piece of material or information. It occurs during the pre-trial process in which each party prepares his or her case to present to the judge.
Discovery, in the law of common law jurisdictions, is a pre-trial procedure in a lawsuit in which each party, through the law of civil procedure, can obtain evidence from the other party or parties by means of discovery devices such as interrogatories, requests for production of documents, requests for admissions and
A prosecutor must disclose information that is inconsistent with any element of any crime charged against the defendant or that establishes a recognized affirmative defense, regardless of whether the prosecutor believes such information will make the difference between conviction and acquittal of the defendant for a
Discovery is shocking, unplanned, overwhelming, and usually only a portion of the betrayal is revealed and acknowledged. Disclosure is the exact opposite. In disclosure, the cheating partner voluntarily tells the betrayed partner the full scope and details about his behavior.
The matters that may be subject to discovery by the defendant include such items of evidence as a grand jury transcript, a list of prosecution witnesses, copies of written statements made by the defendant or others, tapes or memoranda of oral statements, certain types of official or business documents, scientific or
Under the U.S. Constitution, the prosecution must disclose to the defendant all evidence that proves guilt as well as all evidence that proves innocence. Evidence generally falls into three categories, inculpatory, exculpatory, and impeachment.