La. Admin. Code tit. 22 § XV-1355

Current through Register Vol. 50, No. 11, November 20, 2024

Section XV-1355 - Discovery

A. The attorney should pursue discovery, including filing a motion for discovery and conducting appropriate interviews. The attorney has a duty to pursue, as soon as practicable, discovery procedures provided by the rules of the jurisdiction and to pursue such informal discovery methods as may be available to supplement the factual investigation of the case.

B. In considering discovery requests, the attorney should take into account that such requests may trigger reciprocal discovery obligations. The attorney shall be familiar with the rules regarding reciprocal discovery. The attorney shall be aware of any potential obligations and time limits regarding reciprocal discovery. Where the attorney intends to offer an alibi defense, he or she shall provide notice to the district attorney as required by law.

C. The attorney should consider seeking discovery, at a minimum, of the following items:

1. potential exculpatory information;

2. potential mitigating information;

3. the names and addresses of all prosecution witnesses, their prior statements, and criminal/delinquency records, if any;

4. all oral and/or written statements by the child client, and the details of the circumstances under which the statements were made;

5. the prior delinquency record of the child client and any evidence of other misconduct that the government may intend to use against the accused;

6. all books, papers, documents, photographs, tangible objects, buildings or places, or copies, descriptions, or other representations, or portions thereof, relevant to the case;

7. all results or reports of relevant physical or mental examinations, and of scientific tests or experiments, or copies thereof;

8. statements of co-defendants;

9. all investigative reports by all law enforcement and other agencies involved in the case; and

10. all records of evidence collected and retained by law enforcement.

D. The attorney shall monitor the dates to ensure the state complies with its discovery obligations. If discovery violations occur, the attorney should seek prompt compliance and/or sanctions for failure to comply.

La. Admin. Code tit. 22, § XV-1355

Promulgated by the Office of the Governor, Public Defender Board, LR 37:2607 (September 2011), Amended LR 45412 (3/1/2019).

AUTHORITY NOTE: Promulgated in accordance with R.S. 15:148