how long does the state attorney have to answer a discovery florida

How many attorneys do I need to file a discovery request?

 · (1) Within 15 days after service of the Notice of Discovery, the prosecutor shall serve a written Discovery Exhibit which shall disclose to the defendant and permit the defendant to inspect, copy, test, and photograph the following information and material within the state's possession or control, except that any property or material that portrays sexual performance by …

When to serve a Discovery exhibit to the prosecutor?

The questions are mailed to the Plaintiff, Defendant or the attorney for response in writing. The answers or responses are usually due between 20-30 days. Deposition: A procedure where verbal questions are asked a Plaintiff or Defendant for immediate response.

When can a party obtain discovery of an agreement?

 · (1) Within 15 days after service of the Notice of Discovery, the prosecutor shall serve a written Discovery Exhibit which shall disclose to the defendant and permit the defendant to inspect, copy, test, and photograph the following information and material within the state’s possession or control, except that any property or material that portrays sexual performance by …

Do discovery rules really help defendants at trial?

 · Rule 1.140 - DEFENSES. (a) When Presented. (1) Unless a different time is prescribed in a statute of Florida, a defendant must serve an answer within 20 days after …

How Long Does defendant have to respond to discovery in Florida?

within 45 daysDiscovery Served with the Statement of Claim / Complaint If a written discovery request is served upon a Defendant contemporaneously with Plaintiff's complaint, Defendant must serve its responses to the discovery within 45 days of the date of service of Plaintiff's Complaint.

How long does the state of Florida have to file charges?

Regardless of the severity of the charge, the state only has 175 days after an arrest to file charges, and that is found in Florida Rule of Criminal Procedure 3.191.

How long does it take to get discovery back?

In most felony criminal cases, it can take several weeks, or months, for Discovery to be complete. Sometimes, the state has to issue subpoenas to get the Discovery. If the state has to obtain medical records, this can delay the completion of Discovery.

What is notice of discovery in Florida?

A Notice of Discovery triggers a duty by the prosecutor to give your attorney a copy of every single bit of evidence they have collected. Your attorney also must give the prosecutor available evidence. That includes police reports, witness statements, and documents.

What are the statute of limitations in Florida?

In Florida, the statute of limitations is found at Florida Statutes, Section 95.11. Some of the most important limitations under Florida's statute include: Action to recover on a Florida judgment = 20 years. Breach of written contract = 5 years (only 4 years for oral contracts)

How long is the statute of limitations?

In criminal law, the limitations period refers to the time in which the government may charge a defendant with a criminal offense, either by indictment or criminal information. The applicable statute of limitations for most federal crimes is five years (18 U.S.C. § 3282).

Why is discovery taking so long?

Those reasons include everything from a court's crowded docket, the limited number of available judges, and recent budgetary constraints, to pre-trial challenges regarding the sufficiency of the complaint or the validity of the cause of action, legal maneuvering with things such as summary judgment motions, and ...

What is a discovery process?

To begin preparing for trial, both sides engage in discovery . This is the formal process of exchanging information between the parties about the witnesses and evidence they ll present at trial. Discovery enables the parties to know before the trial begins what evidence may be presented.

Does exculpatory evidence mean?

Evidence, such as a statement, tending to excuse, justify, or absolve the alleged fault or guilt of a defendant. See also Brady Rule.

What is a discovery notice?

Discovery is made on oath by way of an affidavit to which is attached a schedule of the documents and/or tape recordings; Within 20 days of receiving such notice, the party called upon to make discovery ("the discoveror"), shall deliver an affidavit specifying any documents or tape recordings in his possession.

What does Presentenced mean in Florida?

Presentence investigation reports. 921.231 Presentence investigation reports.— (1) Any circuit court of the state, when the defendant in a criminal case has been found guilty or has entered a plea of nolo contendere or guilty, may refer the case to the Department of Corrections for investigation and recommendation.

What is demand or request for discovery?

Discovery is the process of obtaining the evidence that the state plans to use against a defendant. It's just a fancy word for evidence. Whenever an attorney says, “I'm going to request discovery,” that means they're going to get the evidence that the state claims they have.

Which state has the rules of discovery?

Florida has adopted the Florida Family Law Rules of Procedure which contain rules governing discovery.

What is discovery in court?

Discovery: A procedure designed to allow disclosure of information between Plaintiffs and Defendants.Wr itten questions, oral questioning, document production and admissions requests are generally allowed. Discovery was designed to to prevent trial by ambush.

What happens if a motion for protective order is denied?

If the motion for a protective order is denied in whole or in part, the court may, on such terms and conditions as are just, order that any party or person provide or permit discovery. The provisions of rule 1.380 (a) (4) apply to the award of expenses incurred in relation to the motion.

What is pending in a discovery order?

Upon motion by a party or by the person from whom discovery is sought, and for good cause shown, the court in which the action is pending may make any order to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense that justice requires, including one or more of the following:

What is the purpose of ordering discovery of materials when the required showing has been made?

In ordering discovery of the materials when the required showing has been made, the court shall protect against disclosure of the mental impressions, conclusions, opinions, or legal theories of an attorney or other representative of a party concerning the litigation.

Can a party obtain discovery of the existence and contents of an agreement?

A party may obtain discovery of the existence and contents of any agreement under which any person may be liable tosatisfy part or all of a judgment that may be entered in the action or to indemnify or to reimburse a party for payments made to satisfy the judgment. Information concerning the agreement is not admissible in evidence ...

How long does it take to serve a supplemental response?

Any supplemental response served pursuant to this rule shall be served as soon as possible after discovery of the incorrect information or change, but in no case shall the supplemental response be served later than 24 hours before any applicable hearing absent a showing of good cause.

What is the procedure for participating in discovery in Florida?

After the filing of the charging document, a defendant may elect to participate in the discovery process provided by these rules, including the taking of discovery depositions, by filing with the court and serving on the prosecuting attorney a “Notice of Discovery” which shall bind both the prosecution and defendant to all discovery procedures contained in these rules. Participation by a defendant in the discovery process, including the taking of any deposition by a defendant or the filing of a public records request under chapter 119, Florida Statutes, for law enforcement records relating to the defendant’s pending prosecution, which are nonexempt as a result of a codefendant’s participation in discovery, shall be an election to participate in discovery and triggers a reciprocal discovery obligation for the defendant. If any defendant knowingly or purposely shares in discovery obtained by a codefendant, the defendant shall be deemed to have elected to participate in discovery.

What should the court consider when deciding whether to allow a deposition?

In determining whether to allow a deposition, the court should consider the consequences to the defendant, the complexity of the issues involved, the complexity of the witness’ testimony (e.g., experts), and the other opportunities available to the defendant to discover the information sought by deposition.

What is a signature of an attorney?

The signature of the attorney or party constitutes a certification that the signer has read the request, response, or objection and that to the best of the signer’s knowledge, information, or belief formed after a reasonable inquiry it is:

What happens if a court order terminates a deposition?

If the order terminates the deposition, it shall be resumed thereafter only upon the order of the court in which the action is pending. Upon demand of any party or deponent, the taking of the deposition shall be suspended for the time necessary to make a motion for an order. Top of Discovery Page.

What happens if a party discovers additional witnesses or material that the party would have been under a duty to

If, subsequent to compliance with the rules, a party discovers additional witnesses or material that the party would have been under a duty to disclose or produce at the time of the previous compliance, the party shall promptly disclose or produce the witnesses or material in the same manner as required under these rules for initial discovery.

Can opposing counsel impede opposing counsel's investigation?

Except as is otherwise provided as to matters not subject to disclosure or restricted by protective orders, neither the counsel for the parties nor other prosecution or defense personnel shall advise persons having relevant material or information (except the defendant) to refrain from discussing the case with opposing counsel or showing opposing counsel any relevant material, nor shall they otherwise impede opposing counsel’s investigation of the case.

Who can take a deposition without leave of court?

The prosecutor may, without leave of court, take the deposition of any witness listed by the defendant to be called at a trial or hearing. (B) No party may take the deposition of a witness listed by the prosecutor as a Category B witness except upon leave of court with good cause shown.

How long does it take to serve a reply in Florida?

If a reply is required, the reply must be served within 20 days after service of the answer. (A) Except when sued pursuant to section 768.28, Florida Statutes, the state of Florida, an agency of the state, or an officer or employee of the state sued in an official capacity must serve an answer to the complaint or crossclaim, ...

How long does it take to serve a crossclaim?

A party served with a pleading stating a crossclaim against that party must serve an answer to it within 20 days after service on that party. The plaintiff must serve an answer to a counterclaim within 20 days after service of the counterclaim. If a reply is required, the reply must be served within 20 days after service of the answer.

What is subdivision A in Florida?

Subdivision (a) is amended to conform rule 1.140 to the statutory requirements of sections 48.111, 48.121, and 768.28, Florida Statutes. The rule is similar to Federal Rule of Civil Procedure 12 (a).

What amendment eliminated the unnecessary statement of the return date when service is made by publication?

1972 Amendment. Subdivision (a) is amended to eliminate the unnecessary statement of the return date when service is made by publication, and to accommodate the change proposed in rule 1.100 (a) making a reply mandatory under certain circumstances.

Do you have to make a motion before a pleading?

A motion making any of these defenses must be made before pleading if a further pleading is permitted. The grounds on which any of the enumerated defenses are based and the substantial matters of law intended to be argued must be stated specifically and with particularity in the responsive pleading or motion.

What defenses must be asserted in a responsive pleading?

Every defense in law or fact to a claim for relief in a pleading must be asserted in the responsive pleading, if one is required, but the following defenses may be made by motion at the option of the pleader: (1) lack of jurisdiction over the subject matter, (2) lack of jurisdiction over the person, (3) improper venue,

Can a party move for a more definite statement before interposing a responsive pleading?

If a pleading to which a responsive pleading is permitted is so vague or ambiguous that a party cannot reasonably be required to frame a responsive pleading, that party may move for a more definite statement before interposing a responsive pleading.

2 attorney answers

Just because you were arrested it doesn't mean the discovery obligations on the part of the Prosecutor's office have triggered. Once the State Attorney's Office files formal charges (typically via a document called an Information) against you and your attorney has filed a demand for discovery THEN the 15 days from the date of the demand starts.

AnneMarie Rose Rizzo

If a criminal charge has been filed by the States attorney against you, once your attorney files a demand for discovery the State has fifteen days to answer. There is a chance that a case could be dismissed if the State fails to comply but that is a rarity. More

How long does it take to dismiss a complaint in Florida?

Florida Rule of Civil Procedure 1.070 (j) states that a complaint must be served upon the defendant within 120 days after the complaint is filed. If it is not served within this time frame, a motion to dismiss is appropriate and the case is dismissed without prejudice. The complaint can be refiled so long as the statute of limitations has not run. A problem arises, however, if the complaint is not served within the statutory time period and the statute of limitations subsequently runs. In this scenario, any such dismissal is very prejudicial to both the attorney and his or her client and the lawyer is subject to a malpractice action.

How long does it take to serve a complaint?

Plaintiffs need to make some real effort toward service, not half-hearted as in Morales, to effect service within 120 days from the filing of the complaint, in order to show “good cause.” The purpose of the rule is to prevent a plaintiff from filing a suit and then taking no action whatsoever to proceed on the claim. 4

What is the 120 day rule?

The 120-day mandate imposed by the rule was not meant to be enforced harshly or inflexibly. 5 However, if the plaintiffs forget to serve or “sleep on their rights,” this rule can cause a dismissal of the lawsuit.

How long did it take to serve a summons in Gambino v. Oakbrook?

271 (M.D. Fla. 1995), there was a curious set of facts in which the plaintiff negotiated with the defendants up to 117 days after he had filed his complaint. It was at that time that the plaintiff realized that the case could not be settled and he took immediate steps to serve the defendants. This included an overnight mail of the summons (which had already been issued) to the sheriff of New York City. The sheriff received the summons within the 120-day period but failed to serve the defendants until several weeks after the 120-day period had expired. The Gambino court found, based upon the good faith negotiations, plaintiff’s attorney taking all reasonable steps to effectuate service within the 120 days, and the delivery of the complaint and summons to the sheriff within the 120 days for service, that there was sufficient “good cause” to defeat a motion to dismiss. The Gambino court went on to say, among other things, that the plaintiff did not have any control as to when service would be made upon the defendant by the sheriff after the summons was delivered. The court reiterated that the 120-day rule should be used as a helpful tool for docket management and not as an instrument of oppression.

How long did Morales have to serve the defendants?

After the Morales’ attorneys received the executed summons, they did not have enough time left to serve the defendants within the 120-day time frame. The Supreme Court held that this was only a “half-hearted” effort at serving the defendants and ruled that these facts would not support a finding of “good cause.”.

What rule should be treated more strictly than the default rule?

The Florida Supreme Court in Morales held that Rule 1.070 (j) should be treated more strictly than the default rule. The Supreme Court held that the plaintiff’s attorney, unlike in the default judgment rule, could not cure the problem by the perfection of service prior to the order of dismissal.

Which district ruled that Rule 1.070 (j) should be enforced more strictly than the default rule?

The Fourth District held that Rule 1.070 (j) should be enforced more strictly than the default rule, and ruled that the trial court must look to the facts to determine good cause before there could be an extension of time granted for service.

3 attorney answers

As with most litigaton question, there's no 1-size-fits-all answer. There are lots of independent discovery methods, and every case is different, so this is something you need to go over with your own lawyer about your own case. Sometimes parties and witnesses can be deposed in a week from giving them...

Pamela Koslyn

If the other side is very cooperative, 45 days or sometimes less. If the other side fights and causes many court hearings about disccovery, it can take over a year. More

Alan James Brinkmeier

There is no simple answer. The discovery duration depends on complexity of a case, responsiveness of the parties in a lawsuit ( production of documents, expert reports, etc.) motions, and other factors.

What is required for a discovery request?

When defense counsel requests, the state must produce key pieces of evidence. These include written or recorded statements made by the accused, including any alleged confessions. Results of any scientific tests, such as DNA tests, mental evaluations, or breath-tests, must also be turned over. Also included are any documents or physical evidence (such as a weapon or stolen property) in the control of the state. It is important to note that these requests extend to the underlying police investigation, as well as the evidence the district attorney intends to use going forward.

How to use discovery in a trial?

Using Discovery Defense counsel will seek to attack the credibility of the district attorney’s evidence, using the discovery as a guide. Once the documents are produced and the evidence made available for inspection, defense counsel must begin finding weaknesses and inconsistencies. The goal here is quite different than at a full-fledged trial. The district attorney will only have to convince the judge—not prove beyond a reasonable doubt—of two things at the preliminary hearing: (1) the alleged crime was committed and (2) the defendant committed that crime. Thus, the focus will be on undermining the evidence that will be used towards the second question. Again, this task is difficult due to the time constraints.

What is the first true test of a case?

Following a first appearance, counsel for the defendant must be secured. The first true test of the state’s case will come in the form of a preliminary examination. But before defense counsel is ready to challenge the evidence, that evidence must be made known to him. This process is known as discovery. By its nature, it is a time-consuming and difficult process. But it is also the place where capable counsel excels, because it is where cases are won and lost.

Why is the produced discovery important?

This is because it comes closer to the occurrence, meaning memories are better and scenes are as they were on the date in question.

What is the process through which defendants find out about the prosecution's case?

Discovery is the process through which defendants find out about the prosecution's case. For example, through standard discovery procedure, they can: get copies of the arresting officers' reports and statements made by prosecution witnesses, and. examine evidence that the prosecution proposes to introduce at trial.

Why is discovery important?

Discovery is likely a significant reason why at least 90% of criminal cases settle before trial. Issues regarding settlement aside, discovery is intended to help defendants in the sense that prosecutors must hand over certain information that's helpful to the defense.

Do you have to turn over work product to a defendant?

The latter is called "work product.". Prosecutors don't have to turn over their work product to defendants —otherwise, it just wouldn't be fair.

Why is advance disclosure important?

Not exclusively. Sure, advance disclosure promotes fairer trial outcomes, but it also promotes case settlement, which saves judicial time and resources. If a guilty defendant finds out before trial that the prosecution has a particularly strong case, that defendant will be more likely to plead guilty and save the government the hassle of trying the case. Discovery is likely a significant reason why at least 90% of criminal cases settle before trial.

Can prosecutors hand over witness statements?

In the past, prosecutors could guard evidence from defendants with the same fervor toddlers show in protecting toy trucks and dolls from their siblings. Defendants couldn't force prosecutors to hand over witness statements or even reveal the names of their witnesses. Now the view that advance disclosure will promote fairer trials has taken hold—if defense attorneys know ahead of time what to expect, they can better defend their clients.

Can a prosecutor examine evidence?

Traditionally, the prosecutor wasn't entitled to information about a defendant's case. But in recent years, discovery has become more of a two-way street. Just as defendants can discover information from prosecutors, so too can prosecutors examine certain evidence in the hands of defendants.

Can a prosecutor disclose all discovery?

Not really. Prosecutors can't disclose all discovery on the eve of trial, but on the other hand, they don't have to divulge it all way ahead of time. Discovery can unfold gradually. For example, a defendant's attorney might receive a copy of the police report at the first court appearance, but might not receive a prosecution expert's written analysis of blood evidence until shortly before trial.