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DNA - A Prosecutor’s Practice Notebook Inventory

Reciprocal Discovery

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National Institute of Justice (NIJ) (see reuse policy).

Some jurisdictions allow or require reciprocal discovery in favor of the prosecution by the defense. Typically, independent defense testing is done ex parte.  When the defense requests independent testing, reasonable efforts should be made to protect the integrity of the evidence sample(s).  These efforts may include requiring the defense to use an accredited lab and that the result(s) be provided to the government in a timely manner.

The prosecutor may wish to file a reciprocal discovery motion to obtain the name of any defense expert witness or analyst the defense intends to use or call, the curriculum vitae of the witness, and any corresponding report generated by the expert witness, including all raw data.

Where appropriate, the prosecutor should put on the record that defense counsel's own expert witness has reviewed the DNA discovery material.

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