What Is A Reciprocal Discovery Agreement

Once mutual discovery is asserted, the information that a defendant is required to disclose at the request of a prosecutor usually includes:[7] The prosecution may also have the right to notice certain affirmative defenses. B for example if the defendant intends to raise an alibi or insane defence, and has rights of investigation in relation to those defences. [8] In criminal proceedings in the United States, the federal government and some states have mutual investigation laws that require defendants to disclose certain information to prosecutors prior to trial. [1] In the federal judicial system,[2] this document is called reverse Jencks Act material, after the U.S. Supreme Court case that established the principle, Jencks v. United States. 15A-903 (a) (1). Even if a party has waived discovery by failing to make a timely application, the court may grant a subsequent request for advance disclosure, which will be made “at any time” prior to the hearing “if the judge determines for good cause that the application should be granted in whole or in part.” G.S. 15A-902(f).

In the United States, prosecutors are required to disclose potentially exculpatory information to defendants, whether or not that information is requested by the defendant. [5] If a defendant exercises the right to request further investigations, i.e. information that the prosecutor is legally obliged to provide only at the request of the accused, the prosecutor may request a mutual investigation and obtain from the defendant certain information comparable in nature to the information that the prosecutor is required to provide to the defendant. The attorney`s right to demand exposure is not as broad as that of the defendant, as it is limited by the defendant`s protection from self-incrimination by the Fifth Amendment. [6] If the court grants a remedy sought by the respondent under G.S. 15A-903 (Respondent`s Right to Discovery of State Evidence) or if disclosure is voluntary by the State under G.S. 15A-902(a), at the request of the State, the court must order the Respondent to submit to the State mutual communication with respect to the following: For cases where G.S. 15A-905(c) is not applicable (e.B the defendant has not requested state communication), see G.S. 15A-959(a) for the required communication from the defendant to the State of the defense of insanity or intent to: Provide expert testimony on mental illness or defects. In addition to laws that expressly allow the exchange of information with the prosecutor`s office, the prosecutor`s office may file a request with the court to create confidential files that are in the possession of a third party, such. B a health care provider, school or employer. The prosecutor can apply to the court for an order requiring the creation of confidential records before filing criminal complaints, and the court has the inherent power to order preparation if it is in the interests of justice.

The prosecutor must “provide, by affidavit or similar evidence, sufficient facts or circumstances to have reasonable grounds to suspect that a crime has been committed and that the records sought are likely to be brought for the investigation of that crime.” Cf. With respect to the order of the Superior Court, 315 N.C. .