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Motions for discovery that are immaterial, irrelevant, or unduly oppressive should be vigorously opposed. Additionally, prosecutors may object to those motions that exceed the scope of statutory discovery. All motions that appear irrelevant or oppressive should be reviewed with the prosecutor's supervisor and the DNA analyst.
After determining which discovery requests will be complied with and which will be opposed, the prosecutor should notify opposing counsel in writing advising them to file a motion if they wish to contest the state's opposition to any portions of the requested material.
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Motions for Discovery |
| Examples may include requests for typing results of every unrelated case the DNA analyst has ever performed; proficiency test results of every analyst employed in the lab; every error made throughout the existence of the DNA lab. |
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