Galloism wrote:The Derpy Democratic Republic Of Herp wrote:
Yes.
Any relevant evidence discovered during the discovery process must be submitted to the court.
If you don't you will be disbarred and held in contempt of court.
Since when? I know you have to submit a witness list, and things you intend to use in the trial (with some exceptions), but that's generally it.Standard 11-2.2 Defense disclosure
(a) The defense should, within a specified and reasonable time prior to trial, disclose to the prosecution the following information and material and permit inspection, copying, testing, and photographing of disclosed documents and tangible objects:
(i) The names and addresses of all witnesses (other than the defendant) whom the defense intends to call at trial, together with all written statements of any such witness that are within the possession or control of the defense and that relate to the subject matter of the testimony of the witness. Disclosure of the identity and statements of a person who will be called for the sole purpose of impeaching a prosecution witness should not be required until after the prosecution witness has testified at trial.
(ii) Any reports or written statements made in connection with the case by experts whom the defense intends to call at trial, including the results of physical or mental examinations and of scientific tests, experiments, or comparisons that the defendant intends to offer as evidence at trial. For each such expert witness, the defense should also furnish to the prosecution a curriculum vitae and a written description of the substance of the proposed testimony of the expert, the expert’s opinion, and the underlying basis of that opinion.
(iii) Any tangible objects, including books, papers, documents, photographs, buildings, places, or any other objects, which the defense intends to introduce as evidence at trial.
(b) If the defense intends to use character, reputation, or other act evidence not relating to the defendant, the defense should notify the prosecution of that intention and of the substance of the evidence to be used.
(c) If the defense intends to rely upon a defense of alibi or insanity, the defense should notify the prosecution of that intent and of the names of the witnesses who may be called in support of that defense.
Notably, the defense is only required to disclose something if it intends to use it or call them at trial. Anything the defense does not intend to use at trial is excluded. (There's also a couple exclusions for things used in the trial, such as impeachment witnesses.)
Provided the defense has no intent to use proof of guilt in the trial (which they wouldn't), under ABA guidelines, they are not required to disclose it.
Really? I did not know this. Was under the impression that you have to submit any evidence found during discovery.
But anyway I would still submit it beacuse it would be unethical to not do so.