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It looks like this bill has made it out of the committe at the Senate. I don't profess to know a great deal about this whole legislative process, but I sure did wince when I read that the statute changes "may" to "shall" order us to make witness statements available. But maybe I'm just more leary because this didn't start out as reciprocal discovery when it was introduced by the defense bar and so I'm concerned that it's a trap. The trade off is that we can order the production of recorded witness statements, but not their investigator notes and/or reports. Is the defense likely to make any recorded statements of witnesses other than those notes or reports from their investigators that we can't get because it's obviously work product? What do you guys think?

Oh here's a link to the bill, hope this works.

SB 560

[This message was edited by David Newell on 04-12-05 at .]
 
Posts: 1243 | Location: houston, texas, u.s.a. | Registered: October 19, 2001Reply With QuoteReport This Post
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TDCAA    TDCAA Community  Hop To Forum Categories  Criminal    SB 560 Reciprocal Discovery?

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