CHILDREN AND THE LAW
...Delinquency Matters
......Pre-Adjudication Issues
.........Discovery
............In General: Duty to Disclose
8 Cards On This Topic:
  • General purposes for prehearing discovery.
  • Petitioner has duty to promptly disclose police reports and favorable information.
  • Material which petitioner shall disclose upon request.
  • Duty to disclose continues.
  • DA has affirmative duty to disclose any substantial material evidence or information favorable to minor.
  • Juvenile court has same degree of discretion to permit discovery as in adult criminal proceeding.
  • Absent express order for reciprocal discovery by juvenile court, PC 1054 provisions do not automatically apply to delinquency proceeding and juvenile court erred in refusing to allow M to call witnesses for non-timely disclosure.
  • Juvenile ct. has discretion to order reciprocal discovery in delinquency proceeding; it is neither prohibited by juvenile discovery rules nor violative of constitutional rights.