What is discovery in a criminal proceeding? How is disocvery conducted in a criminal case in California? What are the statutory requirements for discovery in a criminal case in California? Discovery in California criminal cases is generally done on a formal and informal basis.

Discovery is the method that litigants (parties to a lawsuit) use to obtain evidence for use at trial. Parties generally exchange all discoverable evidence with the opposing side. This system is useful in forcing settlements since both parties are aware of the evidence that would be used in court in the litigation. Since both parties are aware of what the likely outcome of the litigation will be, parties frequently (but not always) settle. This method of discovery in a criminal court case provides for judicial economy.

Criminal Discovery in California is governed by the California Penal Code. Specifically California Penal Code section 1054 et seq. The purpose, as outlined by statute, of California Penal Code section 1054 is (a) To promote the ascertainment of truth in trials by requiring timely pretrial discovery. (b) To save court time by requiring that discovery be conducted informally between and among the parties before judicial enforcement is requested. (c) To save court time in trial and avoid the necessity for frequent interruptions and postponements. (d) To protect victims and witnesses from danger, harassment, and undue delay of the proceedings. (e) To provide that no discovery shall occur in criminal cases except as provided by this chapter, other express statutory provisions, or as mandated by the Constitution of the United States.

Pursuant to California Penal Code Section 1054.1: The prosecuting attorney shall disclose to the defendant or his or her attorney all of the following materials and information, if it is in the possession of the prosecuting attorney or if the prosecuting attorney knows it to be in the possession of the investigating agencies: (a) The names and addresses of persons the prosecutor intends to call as witnesses at trial. (b) Statements of all defendants. (c) All relevant real evidence seized or obtained as a part of the investigation of the offenses charged. (d) The existence of a felony conviction of any material witness whose credibility is likely to be critical to the outcome of the trial. (e) Any exculpatory evidence. (f) Relevant written or recorded statements of witnesses or reports of the statements of witnesses whom the prosecutor intends to call at the trial, including any reports or statements of experts made in conjunction with the case, including the results of physical or mental examinations, scientific tests, experiments, or comparisons which the prosecutor intends to offer in evidence at the trial.

Discovery in a California criminal law case is further governed by Penal code 1054 et seq.

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