Court Process, Plea & Trial

What is discovery in a criminal case?

Attorney-Reviewed Answer
Reviewed by Jeff T. Gorman, Criminal Defense Attorney & Former 19th Circuit Prosecutor (Fla. Bar #538183). Last reviewed: September 2026
Short Answer
The process of obtaining the State's evidence — and in Florida it's broader than in most states.

Once the defense files a demand, the State must disclose its case: witness lists, statements, police reports, physical evidence, expert reports, electronic and video evidence, and material favorable to the defense.

Florida's discovery is unusually broad. It includes categories of information many states don't provide, and — significantly — it opens the door to depositions in felony cases.

The obligation is continuing. Evidence discovered later must be disclosed as it's obtained, which is why files grow over the life of a case.

What matters practically is specificity. A general demand produces a general response. Requests naming particular items — every officer's body camera, the instrument's maintenance records for a date range, dispatch logs, the agency's written policy — produce material that general requests don't.

Discovery violations have remedies, including exclusion of evidence, and a hearing to address what happened and whether the defense was prejudiced.

Reviewing what arrives is the substance of defense work. Most case-deciding facts come from the file rather than from anywhere else.

Ask for specific things by name. Broad requests come back broad. ---

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This page answers a common question for general informational purposes and is not legal advice, and no attorney-client relationship is formed by reading it. Florida law changes; while this answer is reviewed by a licensed Florida attorney, the right answer depends on the specific facts of your situation — consult an attorney. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.