Q: In a criminal case in CA why would discovery exchange need to take place in court; so far it’s happened outside of court
A: Discovery in a criminal case usually starts out informally outside of court. The government is obligated to provide what they have to the defense in a timely manner. The defense can request specific discovery informally and the prosecutor is supposed to provide it generally within 15 days. If there is a dispute over discovery, meaning that the prosecutor does not comply with a defense request, inadvertently or because the government believes the request is outside the scope of what the law requires them to provide, then it ends up in court. A judge would then rule on the discovery motion and could order the prosecution to provide the discovery or decide that it is not required. Sometimes a prosecutor will turn discovery over "on the record" in court just to demonstrate that they have satisfied a defense request or to show compliance with the court's order.
A: In California criminal cases, discovery is generally exchanged informally between parties, without the need for court intervention. However, if disputes arise over the scope or timeliness of discovery, a formal motion may be filed and a court hearing may be necessary to resolve the issue. Additionally, the court may require certain sensitive or controversial materials to be exchanged or reviewed in a controlled setting to protect the rights or safety of involved parties.
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