What are the requirements for federal criminal discovery?

Federal criminal discovery rules establish the rules for pre-trial disclosure of evidence by the prosecution and the defense in criminal cases. In Utah, these rules are governed by federal rules of criminal procedure. To initiate criminal discovery, a party must first file a motion with the court. Under the federal rules, both parties must provide the other with copies of any documents they plan to use at trial, including witness statements, police reports, and any other evidence that may be pertinent to a case. Additionally, each party must provide evidence that they intend to use to challenge the other party’s case. The prosecution must also disclose any evidence that may be favorable to the accused, which includes any exculpatory evidence or any evidence that may be used to impeach the credibility of the prosecution’s witnesses. The defense, on the other hand, has what is known as a Brady disclosure, which requires them to provide evidence that is both exculpatory and impeaching in nature. In most cases, both parties must disclose all evidence to each other at least seven days before the trial begins. The court may also order the parties to provide evidence to each other during the course of the trial. In addition, the court may grant certain requests from the defense to have evidence analyzed or tested further.

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