Legal Question in Criminal Law in California

discovery costs

A DA is using as part of their evidence 2 tape recordings. Although they provided a copy of the police report for free, they are now requiring that copies of the tapes need to be paid for by the defendant. But don't they have to provide those tapes as part of discovery?

Thanks so much for your help!


Asked on 4/25/07, 7:18 pm

4 Answers from Attorneys

Elena Condes LAW OFFFICE OF ELENA CONDES

Re: discovery costs

Yes. They do have to make the tapes available for the defendant to review. They don't have to make a copy of the tapes for free.

Good luck,

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Answered on 4/26/07, 3:40 pm

Re: discovery costs

A lot of California Courts (not all) allow the DA to charge for discovery. The theory being; you have a right to see the discovery, but not to have it copied for you. Therefore, they can charge you for you to have your own copy. So, the short answer is: yes, they can make you pay for it.

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Answered on 4/25/07, 7:33 pm
Jay Leiderman Leiderman Devine LLP

Re: discovery costs

Yes. They do have to provide those tapes as part of the discovery (or make them available for inspection). Even so, they do not need to do so for free. They are entitled to recoup their "costs."

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Answered on 4/25/07, 7:34 pm
Peter Berlin Law Offices of Peter Berlin, A Prof. Corp.

Re: discovery costs

As states by counsel, the answer is yes. In fact, Courts and DA's in Orange County, CA do this all the time.

Some courts provide a waiver for the discovery costs upon a showing of hardship.

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Answered on 4/25/07, 7:41 pm


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