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Often times and for many different reasons Defendant’s want a copy of their discovery. However, in Washington this may be a challenging situation. You have a right to review the discovery on your case.  However, you do not have a right to an unredacted copy of your discovery.  Your attorney can redact a copy of the discovery, and after approval by the prosecutor’s office then it can be given to you.  Depending on the case this can be a challenging process.

The scope of discovery in a criminal case is governed by CrR 4.7.

A prosecutor is required to disclose prior to the omnibus hearing: the names and addresses of witnesses intended to be called at trial, written or recorded statements made by the defendant, as authorized by the court portions of grand jury minutes, any reports or statements by experts, any books, papers, documents, photographs, or tangible objects the prosecutor intends to use at hearings or trial, any record of prior criminal convictions of any witnesses the prosecutor intends to call as witnesses.

A prosecutor is required to disclose any electronic surveillance to which the defendant was a party, any expert witnesses that will be called at trial, and any information which the prosecutor attorney has indicating entrapment of the defendant.

However Rule CrR 4.7 (h)(3) specifically states: 

Custody of Materials. Any materials furnished to an attorney pursuant to these rules shall remain in the exclusive

custody of the attorney and be used only for the purposes of conducting the party’s side of the case, unless otherwise agreed by the parties or ordered by the court, and shall be subject to such other terms and conditions as the parties may agree or the court may provide. Further, a defense attorney shall be permitted to provide a copy of the materials to the defendant after making appropriate redactions which are approved by the prosecuting

authority or order of the court.

The attorney may show the defendant a copy of the discovery but can only give a redacted copy of th discovery approved by the prosecutor or court order.  

The ABA Standards seem to be more supportive of restricting discovery.

Reviewing the discovery on your criminal case is important.  However, you do not have a right to an unredacted copy of the discovery.  You should contact your attorney to deal with any discovery issues.