Page 20 - Juvenile Practice is not Child's Play

to telephone counsel and inform counsel that the client is in court (if the client suspects that counsel does not

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know about the proceedings).

Discovery

Juvenile cases are governed by the criminal rules of discovery, not the civil ones. This significantly limits the usefulness
of discovery. However, there are a number of techniques to get useful information from the prosecutor. In many

counties, the prosecutor’s office has an open file policy. If this is the case, you may view the prosecutor’s file. One of the
first things you will want to do when you get a case is to go over this file. Generally, there are limitations as to when
and where you are allowed to view the file. Typically, you are not permitted to photocopy items from the file or to
remove the file from the court or prosecutor’s office. The file will usually include police reports, criminal history, and

copies of the petition. You should always note the following: the police incident report number (often you can get a
copy of the police report from the station that prepared the report), police officer’s phone numbers, badge numbers,
and names. In addition, get the phone numbers and addresses, both home and work, social security numbers, drivers’
license numbers, and dates of birth, wherever possible, of all the witnesses. The more information of this type you can

obtain from the reports, the easier it will be for you or your investigator as you investigate the case. Try to make exact
notes of what is in the file. If you do not make exact notes you may miss out on impeachment opportunities or be unable
to recall an important detail in the report. Don’t overlook the probation report. It can be an invaluable resource. If you
have any trouble gaining access, try looking to TFC § 58.005.

There are some instances in which you can use discovery, and the open file policy is not sufficient to satisfy the discovery
requirements. These include exculpatory evidence (Brady material), lists of experts, and use of prior adjudications or

bad acts. Where discovery will be done through motions, file your pretrial motions and request a hearing to get a ruling;
send notice letters to get extraneous offense information, and be conscious that some items are only triggered if you
ask for them. Find out how your local police agencies deal with subpoenas and information requests. There may be
certain information that is confidential due to the fact that your client is a juvenile. Get the local law enforcement

agencies’ procedure manuals. Lookup court records, including prior testimony or convictions, of all witnesses.

29 See Id.; The Client Interview. NJDC Trial Manual for Def. Att’y in Juv. Delinq. Cases 5, 137 (2019).