In the Missouri criminal justice system, the path to obtaining evidence is not a “one size fits all” process. Whether you are facing a misdemeanor or a felony, the specific document used to charge you—and the court you are currently in—determines exactly what information the State must turn over and when; and what evidence the Defense requests. This post is an overview. Each three bullets below are discussed in separate posts with examples of discovery requests for each.

Under Missouri Supreme Court Rule 25, discovery is triggered by different milestones depending on the “Path” of the case:

• Misdemeanor: Discovery commences upon the State’s filing of a Misdemeanor Information. These cases are heard at the Associate Circuit Court level. The Defendant’s discovery rights are broad and defined under Rule 25.03(b).
• Felony by Complaint: This is the initial charging document for felonies in the Associate Circuit Court. At this early stage, Rule 25.03(a) allows the defense to request basic reports and digital data, but only the evidence that is currently in the possession of the prosecutor
• Felony by Indictment or Information: If a felony is charged by Grand Jury Indictment or after a felony case is “bound over” to the Circuit Court (the trial court) following a preliminary hearing, the Defendant’s discovery rights expand significantly under Rule 25.03(b).

Understanding these “Pathways” is the first step in ensuring that the defense receives every piece of information required by law to prepare for trial.

Here is the “Discovery” series of posts: (1) Overview [this post]; (2) Felony Complaint; (3) Felony Information; (4) Grand Jury Indictment; (5) Misdemeanor Information.