What is the federal criminal discovery process?

The federal criminal discovery process is a set of procedures that allow those involved in a criminal case to learn information that is relevant to the case. In New Mexico, the federal criminal discovery process is governed by the Supreme Court’s Rule 16. This Rule sets forth the obligations of both parties to disclose or “discover” information that is relevant to the charges against a defendant. The most common type of discovery involves a “Request for Production of Documents” from the defendant. This request is made to the defense attorney and requires them to produce documents or other tangible evidence that is related to the charges. This evidence can include things such as emails, text messages, photographs, and video recordings. The prosecution may also make disclosure requests to the defense. This typically involves disclosing the identity of witnesses, any exculpatory evidence, and any laboratory reports or expert opinions that may be relevant to the case. The defense also has its own set of obligations. This includes disclosures of potential alibis and providing access to any physical evidence related to the case. Additionally, both parties are obligated to turn over any information they have that could potentially impeach the credibility of witnesses. The criminal discovery process in New Mexico is designed to ensure that each side has access to all relevant evidence related to the charges. This helps both sides develop their case and ensure a fair trial.

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