Discovery Request

[ER]

Another unit in our lab (not latents) got a discovery request this week for written materials from any seminar or training class listed on your CV.

Has anyone heard of defense requesting written materials from training classes?

[SConner]

Wow, even if I thought I might have retained notes from every training seminar or conference listed on my CV I don't know that I would turn them over. Would they reimburse me or my agency for the time spent photocopying and mailing them all of the material? Let's face it, some of us probably have enough material to fill several three ring binders. I think that they if they want the material that badly they can track the instructors down and request it from them. And where would it end? What would stop them from seeking the CVs of every instructor and the CVs of the instructors of the instructors?

[g.]

Eric

I'd like to hear Lisa Steele's take on this, but I seem to recall (at least here) when we have had similar "ALL TRAINING MATERIALS" discovery requests we have provided reasonable things like training manuals or forms when available (in pdf), but for folders and binders and books and volumes from courses, materials, and handouts we would call defense or write a letter saying, something like "while not all materials are saved indefinitely, you are welcome to come down to our agency and make copies of anything you like. We'll even let you use our copier..."

Never had them actually do it.

I seem to recall a general clause of reasonable access: "you are welcome to come get it and look yourself..."

g.

[Angie]

That recently happened to me however the request was for, “any and all material used in your training that allowed you the knowledge to render an expert opinion on latent print examination, comparison and identification.” I explained that I would be happy to comply with that order but it would take a while to gather the requested items as I have almost 20 years of documentation to acquire. I never heard back from them.