December 1, 2020

What is Discovery? A Brief Explanation of How Florida Rule of Criminal Procedure 3.220 Works

Inevitably, discovery disputes arise in these criminal cases. These types of errors are too numerous to list, but usually take the form of an updated report that is inadvertently not produced to the defense or a new witness is added or substituted into a witness list at the last minute or a witness offers new testimony at trial that was not part of their report or deposition testimony. When a discovery violation is alleged, it is the duty of the trial court to conduct a hearing to determine “whether the state’s violation was trivial or substantial, and most importantly, what effect, if any did the violation have on the ability of the defendant to prepare properly for trial.” The violation and hearing on the matter is a referred to as a Richardson hearing.