What is the evidence disclosure process in criminal defense law?

In criminal defense law, the evidence disclosure process is the process by which the prosecution must turn over evidence in its possession to the defense. This process is also known as discovery. In Indiana, this process is governed by the Indiana Rules of Trial Procedure. The first step is for the prosecutor to provide the defense with a list of witnesses, known as a witness list. This list must include all witnesses the prosecution intends to introduce at trial, even if the defense has subpoenaed them. This list must also include the names of the witnesses that the prosecution may or may not call at trial. The next step is for the prosecutor to disclose all documents, tangible objects, or reports that may be relevant to the case. This is known as the disclosure of tangible evidence. This includes any documents, photographs, physical evidence, or reports that could be relevant to the trial. Finally, the prosecutor must provide the defense with the names, addresses, and any other information about any informants that the prosecution interviews for the case. This last step is often referred to as the “Brady disclosure.” The prosecutor must provide this information to the defense in a timely manner, no later than 15 days before the trial. The defense can file a motion to compel the prosecution to turn over the evidence if they do not do so in time. The process of evidence disclosure helps ensure that the defense has access to any evidence that could help them build a strong defense.

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What is the evidence disclosure process in criminal defense law?

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