Q: Is the defense required to submit items the client has provided for an opinion as discovery if it wont be used in trial?
I emailed a full version of a partial video the prosecutor already has in possession that is evidence to my case. I did this to ask her opinion on if it would help with my defense. She is now saying she is required to submit it as discovery even though I do not want to use it. is this true?
A: I assume that you are a prosecution witness or the complainant. The prosecutor is required to disclose all relevant evidence to the defense, including your video, or she can be sanctioned.
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