Simplifying Discovery and Production: Using Easy Frameworks to Evaluate the 2009 Term of Cases

The Army Lawyer, January 2011, No. 1, DA PAM 27-50-452

Florida International University Legal Studies Research Paper No. 13-30

14 Pages Posted: 27 Sep 2013

Date Written: January 1, 2011

Abstract

The military's discovery and production rules are fairly simple — if you can distinguish one from the other, which is not always an easy task. This article provides military practitioners with a set of tools for recognizing the differences between discovery and production rules. These tools are then applied to the 2009 term of military appellate cases which focused on discovery and production issues in order to illustrate whether the parties, the military judges, and the courts used sound reasoning in dealing with these issues.

Keywords: Military Justice, discovery, production, rules, Rule for Courts-Martial (RCM), camera reviews, expert assistants, expert witnesses, Brady rules, Brady obligations, evidence, United States v. Trigueros, material, necessary, definition

Suggested Citation

Carpenter, Eric, Simplifying Discovery and Production: Using Easy Frameworks to Evaluate the 2009 Term of Cases (January 1, 2011). The Army Lawyer, January 2011, No. 1, DA PAM 27-50-452, Florida International University Legal Studies Research Paper No. 13-30, Available at SSRN: https://ssrn.com/abstract=2328925

Eric Carpenter (Contact Author)

FIU College of Law ( email )

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