- Joined
- Jan 10, 2011
- Messages
- 69,863
- Reaction score
- 269,117
There shouldn't be anything new brought up if it wasn't disclosed during discovery. That's the whole purpose of discovery. No surprises.
Discovery covers the state's case and MOST of the Defense's case. But the defense is allowed to add new witnesses after they have seen the state's case in it's entirety. Because of the fluctuating way testimony is allowed in or out, sometimes each side is faced with new evidence to rebut. For example, the DT did not know exactly which hearsay was going to be admitted. IF they have someone come forward now, that can impeach one of those witnesses, they are allowed to add them on. And if that happens, the state would be allowed to add on someone 'new' to rebut that rebuttal. JMO