How to get discovery in a New Jersey municipal court case

Who to ask and when

• All defense discovery requests go to the municipal prosecutor, who is responsible for making the government's discovery available (R. 7:7-7(a)).
• A defense attorney makes the request at the same time as entering an appearance and sends the appearance and demand directly to the municipal prosecutor (R. 7:7-7(g)).
• If you do not have a lawyer, make the request in writing and send it directly to the municipal prosecutor.
• The municipal prosecutor must respond within 10 days after receiving the request.
• Unless the judge orders otherwise, the defense must give the prosecutor its own discovery within 20 days after the prosecutor complies.

What you are entitled to

Rule 7:7-7(b) says the defendant shall be given copies of all relevant material, including:

• Papers, documents, photographs, video and sound recordings and electronically stored information obtained from you or held by the government
• Records of your statements, and a summary of unrecorded admissions known to the prosecution
• Results or reports of physical or mental examinations and scientific tests
• Police reports in the prosecutor's possession, custody or control
• Names and addresses of people with relevant information, and which of them may be called as witnesses, with their statements
• Executed warrants and their papers
• Your prior conviction record
• Expert witness names, qualifications and reports, or a summary of the expected opinion. An expert whose information was requested but not provided may be barred from testifying.

In Alcotest cases, the rule requires Alcotest data to be provided on request in a readable digital database format. Party work product is not discoverable.

Fees and format

• Printed copies may cost $0.05 per letter-size page and $0.07 per legal-size page, or actual copying cost if higher (R. 7:7-7(i)).
• Electronic records and non-printed materials are provided free, except for the actual cost of supplies such as discs.
• Electronic documents are provided as PDFs; other files must be in an open format or come with a way to view them.
• The court can review whether a discovery cost is reasonable on motion.

If discovery is missing

1. The party that has not supplied known discoverable material must list what is missing and explain why.
2. Before filing a discovery motion, the prosecutor and defendant must confer and try to resolve it.
3. If a party fails to comply, the court may order the discovery produced, grant a continuance, bar the undisclosed material from evidence, or enter another appropriate order. The duty to disclose continues through the case.