Q: In Criminal Case is there just one discovery or is there multiple for defendant to recieve before trial or indicted
A: There may be more once the DA discovers more evidence or receives it.
In a criminal case the defendant usually receives discovery from the State multiple times as the State continues to accumulate more evidence against the defendant. To start, before a defendant is indicted and while the case is in general sessions court, the defendant usually receives limited discovery. The initial limited discovery usually will not include all of the evidence against the defendant and thus, the defendant should anticipate receiving more discovery after he or she is indicted.
A defendant's attorney should file a motion for discovery as soon as practicable after the case is indicted by a grand jury. Once the defendant requests discovery, the State has a continuing duty to disclose any additional evidence that is discovered thereafter and that was either originally requested in the defendant's motion or subject to discovery under Rule 16 of the Tennessee Rules of Criminal Procedure. As such, it is common for defendant's to receive additonal discovery as the case and the State's investigation continues to progress towards trial.
Your lawyer will know what documents to request in the motion for discovery based on Rules 12 and 16 of the Tennessee Rules of Criminal Procedure, the Tennessee Code Annotated, the Tennessee Rules of Evidence, the ABA Standards, and caselaw.
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