3/13/2024 0 Comments Florida witness statementThe attorney-client privilege and work-product doctrine do afford defendants protection from disclosure of incident (accident) reports and witness statements under certain circumstances, but such protection is not blanket or all-encompassing. ![]() Plaintiffs’ lawyers are frequently at a significant disadvantage for conducting contemporaneous investigation because of the passage of time between the injury-causing event and the date they are retained by the client.ĭefendant companies will attempt to thwart discovery of highly probative statements and reports taken shortly after the occurrence of the injury-producing event by claiming that they were “obtained in anticipation of litigation” or are otherwise privileged. If the prosecution does not provide it to the defense, it may require a new trial.In any personal-injury action, access to witness statements and reports taken in the immediate or near aftermath of the incident is critical for evaluation and workup of the case. This evidence could show the defendant’s innocence. Further, the prosecutor is required to provide the defense with evidence that may hurt his case, called exculpatory evidence. A failure of the prosecutor to do so can expose the prosecutor to fines/sanctions by the court. A prosecutor has a continuing obligation to provide the defendant documents and other information which may reflect upon the case. This process is called discovery, and continues from the time the case begins to the time of trial. Prosecutors must also provide the defendant copies of materials and evidence that the prosecution intends to use at trial. Based on information in the reports and the information from witnesses, the prosecutor determines the facts of the case. These conversations will help the prosecutor decide whom to call as a witness in court.Īnother important part of trial preparation is reading every report written about the case. To avoid surprises at trial and to determine which of the witnesses to call to testify, the prosecutor talks to each witness to find out what they may say during trial. Neighbors, friends, family, and clergy are often used as character witnesses. Character witnesses usually don’t see the crime take place but they can be very helpful in a case because they know the personality of the defendant or victim, or what type of person the defendant or victim was before the crime.
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