La. Admin. Code tit. 22 § XV-719

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

Section XV-719 - Formal and Informal Discovery

A. Counsel 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. In considering discovery requests, counsel should take into account that such requests may trigger reciprocal discovery obligations.

B. Counsel 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 record, if any;

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

5. the prior criminal record of the accused 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.

La. Admin. Code tit. 22, § XV-719

Promulgated by the Office of the Governor, Public Defender Board, LR 35:666 (April 2009).

AUTHORITY NOTE: Promulgated in accordance with R.S. 15:142, 147 and 148.