{"id":352266,"date":"2023-12-05T16:41:26","date_gmt":"2023-12-05T21:41:26","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/criminal\/criminal-procedure\/does-discovery-take-place-in-criminal-cases-as-in-civil-cases.html"},"modified":"2023-12-05T16:41:26","modified_gmt":"2023-12-05T21:41:26","slug":"does-discovery-take-place-in-criminal-cases-as-in-civil-cases","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/criminal\/criminal-procedure\/does-discovery-take-place-in-criminal-cases-as-in-civil-cases.html","title":{"rendered":"Discovery in Criminal Cases"},"content":{"rendered":"\n
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Discovery in Criminal Cases<\/h1>\n
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\n By Samuel Strom, J.D.<\/a> | Legally reviewed by Melissa Bender, Esq.<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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Before a civil or criminal trial begins, there’s a step called discovery. During discovery, both parties exchange information about the case.<\/p>\n\n <\/div>\n\n

Discovery<\/a> is an ongoing pretrial process. As more information comes to light or a criminal investigation continues, parties must disclose new information.<\/p>\n

Discovery in a criminal case differs in several ways from a civil lawsuit<\/a>. For example, depositions<\/a> are a standard discovery tool in civil cases. In criminal cases, though, depositions are rare and only allowed in specific circumstances.<\/p>\n

The discovery process shapes the rest of a criminal defense case. That’s why you should have a criminal law attorney<\/a> you trust by the time you’re preparing for trial. <\/p>\n

The Discovery Process Explained<\/h2>\n

The discovery process exists to prevent surprises and ensure a fair trial<\/a>. A criminal defendant has many constitutional rights<\/a>, including procedural due process<\/a>. Discovery is part of this due process.<\/p>\n

Crime dramas are full of suspenseful twists in the courtroom, but real life isn’t. Courts don’t allow surprise witnesses. The discovery process requires both sides to share relevant information before a trial begins. This information includes witness lists, witness statements, and exculpatory evidence<\/a>.<\/p>\n

The Federal Rules of Criminal Procedure<\/a> establish discovery rules in a criminal case. Prosecutors and criminal defense attorneys must engage in reciprocal discovery. This means the parties must disclose certain types of evidence to the other party. The court may bar the evidence at the trial if parties fail to disclose it.<\/p>\n

Types of evidence and information the parties must disclose in a criminal case include the following:<\/p>\n