Must the prosecution provide the defense with all evidence as well as a list of all possible witnesses he may call?

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Must the prosecution provide the defense with all evidence as well as a list of all possible witnesses he may call?

Must the defense reciprocate?

Asked on February 26, 2012 under Criminal Law, Kentucky

Answers:

Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 9 years ago | Contributor

Yes. Defense counsel and or the defendant is allowed access to the evidence the prosecution plans to use at trial, in Michigan this is called Discovery. The prosecution must also provide a witness list of its intended witnesses they may call at trial. Not certain of the facts of your case, but if this information has not been turned over to defense, defense can always petition the judge to force the prosecution to do so.


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