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DISCOVERY PROCESS

DISTRICT COURT

  1. As always, the SAO will provide you with open file discovery prior to trial. In court, the SAO will provide you access to the discovery and an opportunity to copy it if possible and if so desired.
  2. If you wish to review discovery materials prior to the court date, arrangements can be made by calling the discovery compliance unit. The SAO will provide for defendants and their attorneys to review discovery together in confidential settings at the SAO upon request.
  3. If you wish to obtain copies of discovery materials, the SAO discovery unit can process that request if made 10 calendar days prior to the trial date. Of course, every effort will be made to process requests made after that, but priority must be given to timely requests.
  4. If there is additional discovery such as photos, audio or visual recordings, or other that you request in your motion, the SAO will compile those materials and notify you of the availability of the materials for viewing at SAO free of charge or copying at an additional cost. Please make money orders or checks payable to Montgomery County, Maryland (note: the SAO will collect fees payable to the Montgomery County General Fund. Money is NOT paid to the SAO).
  5. The SAO Discovery Unit will process DWI discovery requests more expeditiously in order to accommodate MVA hearing dates whenever possible.
  6. The SAO has designated a staff member each day to handle walk-ins and answer general phone inquiries regarding district court discovery requests. Contact the main number (240-777-7300) and ask for “the discovery aide of the day”.

JUVENILE and CIRCUIT

  1. As always, the SAO will provide you with open file discovery prior to trial.
  2. If you wish to review discovery materials rather than be provided copies, arrangements can be made by contacting the assigned Assistant State’s Attorney
  3. If you wish to obtain copies of discovery materials, there is a flat fee of $20.00 for paper copies up to 100 pages and an additional $10.00 for every 100 pages thereafter.
  4. If there is additional discovery such as photos, audio or visual recordings, or other that you request in your motion, the SAO will compile those materials and notify you of the availability of the materials for viewing at SAO free of charge or copying at an additional cost. Please make money orders or checks payable to Montgomery County, Maryland (note: the SAO will collect fees payable to the Montgomery County General Fund. Money is NOT paid to the SAO).

As a result of input from the defense attorneys and the Criminal Law Section of the Montgomery County Bar Association, the Montgomery County State’s Attorney’s Office  periodically reviews its district court discovery procedures and made some changes.. Thank you for the constructive input.


8/2014 update

 

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