Can a prosecutor wait to provide discovery until the defense asks for it?

“Can” and “should” are two very different matters. Prior to 2021, Rule 16 of Utah’s Rules of Criminal Procedure suggested that a prosecutor’s obligation to provide discovery was triggered only when the defense asked for it. The rule stated, “[T]he prosecutor shall disclose to the defense upon request the following…
attorney meeting with client at desk

“Can” and “should” are two very different matters. Prior to 2021, Rule 16 of Utah’s Rules of Criminal Procedure suggested that a prosecutor’s obligation to provide discovery was triggered only when the defense asked for it. The rule stated, “[T]he prosecutor shall disclose to the defense upon request the following material or information of which he has knowledge….” Utah R. Crim. Pro. 16(a) (2020).

Constitutional principles of due process have long been interpreted as requiring that a prosecutor disclose certain discovery materials, even if the defense did not make a request. The 2021 amendments to Utah’s Rule 16 made it clear that the disclosure of these materials is mandatory without any requiring any request.

Originally Published: November 20, 2023

How can we help you?

Call us at 801-448-7451, or use this contact form.

    Related Articles

    The Double-Edged Sword of Plea Bargains in Utah’s Justice System
    Plea bargains are the backbone of Utah’s criminal justice system. In a world where courtrooms are perpetually overcrowded, prosecutors are...
    December 6, 2024
    Failure to Disclose Identity
    We've all seen old World War II movies where German officers stop citizens and ask, "Your papers, please." But did you know "papers" referred to a...
    November 26, 2024
    A Culture of Advocacy
    What Does It Mean That Our Firm Fosters a Culture of Advocacy? At Stone River Law, fostering a culture of advocacy is at the core of our mission....
    November 22, 2024

    Ready to explore our other articles?