Lawton, OK asked in Criminal Law for Oklahoma

Q: What does a Motion for a discovery and brief in support mean?

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1 Lawyer Answer
Tracy Tiernan
Tracy Tiernan
  • Criminal Law Lawyer
  • Tulsa, OK
  • Licensed in Oklahoma

A: A motion for “discovery” is often filed when one party, usually the defense attorney, but it can also be the government’s attorney, files a motion, asking for additional evidence that they believe might be in existence but has not been turned over to them yet. A “brief in support” of such a motion is simply persuasive argument made by the attorney filing the motion explaining why they believe they are entitled to it. Such a motion often consists of caselaw (previously decided cases), backing up their request.

Once such a motion is filed the person filing it will seek an “Order Setting Hearing” date from the Judge where they can come to court and conduct a hearing on the issue. Of course, if the requested evidence is turned over to the party filing a motion, there would be no need for such a hearing.

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