Discovery
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Plain-English Meaning
The process by which both sides in a legal case share relevant information and evidence with each other before trial. Discovery prevents 'trial by ambush' — neither side should be surprised by major evidence for the first time in the courtroom.
Legal Context
New York reformed its criminal discovery law significantly in 2020 through the Discovery Reform Act (amending CPL Article 245). Under the new rules, prosecutors must provide defense counsel with broad categories of evidence much earlier in the process, including police reports, witness statements, and video footage. The prosecution must provide initial discovery within 15 days of arraignment in most cases, or within 35 days for cases involving incarcerated defendants. Failure to provide timely discovery can affect the prosecution's 30.30 speedy-trial readiness. In civil cases, discovery includes depositions, document requests, and interrogatories.
Real-Life Example
After arraignment, Lisa's attorney submitted a formal discovery demand. Within 15 days, the prosecutor provided police reports, body camera footage, witness contact information, and the lab report for forensic evidence. Lisa's attorney reviewed all of it before any plea negotiations, which is now required under New York's reformed discovery law.
Related Terms
Source
Based on N.Y. CPL Article 245 (as amended by 2020 Discovery Reform Act). Original B-Legal plain-language explanation.
N.Y. CPL Article 245
Definitions are simplified for education. Legal meanings vary by jurisdiction, context, and case facts. This definition is original B-Legal content and is not affiliated with or derived from any proprietary legal dictionary.