Notice of intent to participate in discovery?

Answer 1

Discovery is the process by which the defense attorney investigates the allegations contained within the information. Discovery also serves as the trial preparation. Once a "not guilty" plea has been entered, the defendant should file a notice of intent to participate in discovery with the office of the prosecutor. This requires that the prosecutor turn over any and all materials which are relevant to either guilt or innocence.

The prosecutor or State has an affirmative duty to continue to provide the defendant with the names and addresses of all relevant witnesses, including criminal records of those witnesses. Additionally, the prosecutor must provide the defendant with any written or recorded statements of the defendant or a co-defendant. Essentially, the State must provide any witnesses or material that is relevant to the crime that the accused is facing prosecution for.

The Defendant also has a discovery obligation, however this obligation is only triggered if the defendant informs the State of his intent to participate in discovery.