Advanced Disclosure Techniques

Sometimes the requested information is too large or the prosecutor may deem the information you request irrelevant to the trial. They don't want to be bothered with photocopying everything. They will deny you disclosure and hope that you go away. Or they may not respond to you at all.

What they are doing is playing with you to see how much you know. They are trying to force you to justify what you asked for. If you can't see the material, how will you know if you need it or whether it is relevant?

To appear reasonable, you should offer to examine the material in the prosecutor's office to determine its' relevance in order to make a case for disclosure. Your request should sound reasonable in order to force the prosecutor's hand. Upon review, you can request specific pages. This is usually the case for radar or laser operating manuals.

Sometimes you may need to bring an application to the court for further disclosure. If the prosecutor still denies you, you can go to the justice on call for the day and ask her to order disclosure. You must state the reasons you believe that the authorities have undisclosed material that is relevant to your defence.

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