Question

The purpose of the new mandatory discovery provisions is to: a. remove the element of surprise from litigation. b. make litigation more of a quest for the truth. c. minimize discovery times and costs. d. All of the above are reasons mandatory discovery was adopted.

Answer 1

The purpose of the new mandatory discovery provisions is to: remove the element of surprise from litigation. make litigation more of a quest for the truth. minimize discovery times and costs

Explanation:

Discovery refers to the process of exchanging the information between the parties involved in a trial.The prosecution and the defense build their respective cases based on the evidences available.The information exchanged includes

• Physical evidences
• Witness statement
• Police interrogation data
• List of the witnesses

The biggest change to the Discovery provision is

• Earlier the defense has to file a written request to obtain the evidences and also no time frame was set to provide the evidences to the defense.So in many cases the prosecutor used to keep the evidences in their custody till the eve of the trial.
• But as per the new discovery provision,the prosecutor has to provide the defense all the information/evidences within 15 days of the arrangement.The time frame can be extended to 30 days in case the evidence for the trial is large,or the prosecutor does not have evidence in their possession.

The answer is (D) all of the above