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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Criminal Law
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Experience:  Licensed Texas General Practice Attorney
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Is it legal to ask in the request for documents for any and

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Is it legal to ask in the request for documents for any and all tangible evidence that may be introduced as exhibits at trial? Should I object? Is this a case of objecting to the fact that the opposing counsel "Preparing a defendant’s case and legal contentions."
Submitted: 12 months ago.
Category: Criminal Law
Expert:  ScottyMacEsq replied 12 months ago.

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

I'm sorry to say that this is an absolutely legal, and very common, interrogatory / request. It's certainly not illegal to ask for this information, and if they do, you will have to give it. Basically anything that pertains to the case itself, that is not otherwise privileged, has to be disclosed to the other party if they ask for that information.

ScottyMacEsq :

This is not the same as documents that were used for preparing the case (which could be considered attorney-client privileged, "work product", etc...) That information is typically privileged from disclosure because you don't use it in trial. To the extent that you will use it in trial, it will no longer be privileged, because it will be disclosed to third parties (the judge, jury, other side, etc...)

ScottyMacEsq :

Disclosure / discovery rules are to prevent either side from being "surprised" in trial, which means that the other side can know exactly what you plan on introducing in trial, which witnesses you will call and what they will testify to, etc... In the same way, you can request this information from them. Failure to disclose (or their failure to disclose to you if you request this information properly and timely) can result in that evidence / witness being disallowed / struck / etc... and could result in a mistrial if it gets in somehow with the objection.

ScottyMacEsq :

But the actual request itself is not objectionable, not even as "overly broad" because it is specific enough and pertains specifically to the trial. Only to the extent that it's information that was developed to prepare for the trial or attorney client communications AND that it's not going to be used in the trial could you withhold that for "privilege".

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate this answer either a 3, 4, or 5 (good or better). Please note that I do not get any credit for this answer unless and until you rate it that way. Thank you, XXXXX XXXXX good luck to you!

Customer:

At this I do not have which evidence and witness will be called can I give them a list and later not use the information given?

ScottyMacEsq :

Yes.

ScottyMacEsq :

If it's on the list and you don't use it, then that's okay.

ScottyMacEsq :

But if it's not on the list, you can't use it.

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

ScottyMacEsq, Lawyer
Category: Criminal Law
Satisfied Customers: 11907
Experience: Licensed Texas General Practice Attorney
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