Justice Navigator
Understanding Discovery
Learn about the important pre-trial step where both sides share information.
Sharing Information for a Fair Trial
Discovery is the formal process where the prosecutor and your defense lawyer share evidence and information with each other before a trial begins. Think of it like both sides laying their cards on the table. The main goal of discovery is to prevent "trial by ambush," ensuring that both sides know what evidence the other side has and can properly prepare. This makes the trial process fair.
In New York State, the law requires the prosecutor to automatically turn over a large amount of information to the defense. This includes:
- Police Reports: All written reports made by the police about your case.
- Witness Information: The names and contact information for anyone the prosecutor plans to call as a witness at trial.
- Statements: Any written or recorded statements made by you (the defendant) or by any witnesses.
- Photos and Videos: Any photos, videos, or audio recordings related to the case, including body camera footage.
- Expert Witness Information: The name and report of any expert witness the prosecutor plans to use.
- Evidence that Helps You: The prosecutor must also turn over any information they find that might show you are innocent. This is called "exculpatory evidence."
Discovery is a two-way street. While the prosecutor has to share more, the defense also has responsibilities. This is called "reciprocal discovery." If your lawyer plans to present certain types of evidence, they must notify the prosecutor. This includes:
- Alibi Notice: If you plan to argue that you were somewhere else when the crime happened (an alibi), your lawyer must tell the prosecutor where you were and who you were with.
- Psychiatric Evidence: If you plan to use a mental health defense, your lawyer must notify the prosecutor.
- Defense Witnesses: In some situations, your lawyer may need to share the names of witnesses they plan to call at trial.