The Defendant's Discovery Obligation in Utah State Courts
A defendant charged in a criminal case brought in the Utah State Courts has an obligation under Rule 16 of the Utah Rules of Criminal Procedure to disclose information and documents. Except as otherwise provided or as privileged, the defense is required to disclose to the prosecutor such information as required by statute relating to alibi or insanity and any other item of evidence which the court determines on good cause shown should be made available to the prosecutor in order for the prosecutor to adequately prepare his case.
Unless otherwise provided, the defense attorney shall make all disclosures at least ten days before trial or as soon as practicable. A defendant also has a continuing duty to make disclosure.
The Government's Discovery Obligation in Utah State Courts
The government's obligation to disclose information and documents to a defendant in a criminal case brought in the Utah State Courts is governed by Rule 16 of the Utah Rules of Criminal Procedure. Under Rule 16, a prosecutor is required disclose to the defense upon request the following material or information of which he has knowledge:
(1) relevant written or recorded statements of the defendant or codefendants;
(2) the criminal record of the defendant;
(3) physical evidence seized from the defendant or codefendant;
(4) evidence known to the prosecutor that tends to negate the guilt of the accused, mitigate the guilt of the defendant, or mitigate the degree of the offense for reduced punishment; and
(5) any other item of evidence which the court determines on good cause shown should be made available to the defendant in order for the defendant to adequately prepare his defense.
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The Defendant's Discovery Obligations in Federal Criminal Cases
A defendant charged in a federal criminal case has a reciprocal obligation to disclose information and documents to the government. The defendant's obligation, like the government's obligation, is governed by Rule 16 of the Federal Rules of Criminal Procedure. Under Rule 16, a defendant's obligation is contingent upon the defendant or his or her counsel having made a discovery request to the government and the government having complied. In general, if a defendant makes a request for discovery under Rule 16 and the government complies, then the defendant must disclose documents and objects, the results of examinations or tests, and expert witnesses.
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The Government's Discovery Obligation in Federal Criminal Cases
The government's obligation to provide information and documents to a defendant in a federal criminal case is governed by Rule 16 of the Federal Rules of Criminal Procedure. In general, upon a request made by a defendant or his or her counsel, the government is required to disclose statements of the defendant, the defendant's record, documents or objects, results of examinations or tests, and expert witnesses.
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