Modes Of Discovery
Sec. 10. Production or inspection of material evidence in possession of prosecution. – Upon motion of the accused showing good cause and with notice to the parties, the court, in order to prevent surprise, suppression, or alteration, may order the prosecution to produce and permit the inspection and copying or photographing of any written statement given by the complainant and other witnesses in any investigation of the offense conducted by the prosecution or other investigating officers, as well as any designated documents, papers, books, accounts, letters, photographs, object, or tangible things not otherwise privileged, which constitute or contain evidence material to any matter involved in the case and which are in the possession or under the control of the prosecution, police, or other law investigating agencies.
WHAT IS THE RIGHT TO MODES OF DISCOVERY?
> It is the right of the accused to move for the production or inspection of material evidence in the possession of the prosecution
> It authorizes the defense to inspect, copy, or photograph any evidence of the prosecution in its possession after obtaining permission of the court
WHAT IS THE PURPOSE OF THIS RIGHT?
> The purpose is to prevent surprise to the accused and the suppression or alteration of evidence
IS THIS RIGHT AVAILABLE DURING PRELIMINARY INVESTIGATION?
> When indispensable to protect his constitutional right to life, liberty and property