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Have you ever seen a case that was near the trial date, where the defense was Not participating in Discovery?
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In an interesting case against a dental office owner and her co-owner husband, that includes RICO charges, Medicaid fraud and more...early on the defense demanded the prosecuting side produce all their Discovery stuff. They did, immediately and thoroughly. They also asked for the defense to produce theirs. They did not. There were some hearings about this where I suspect the Judge made it really clear that if they did not participate in Discovery, then forget pulling any tricks during the trial. Which is less than 2 months away now. Still zero Discovery anything from the defense. In one of the many court filings the defense stated they are "likely to present a defense" at trial. Obviously the defendants pled not guilty.

Have you seen this happen before? Is this a common thing? Why wouldn't the defense participate in Discovery at all? No witnesses, no paperwork, no depositions of the prosecuting sides witnesses....nothing. This seems unusual to me, I'd like some insight from attorneys. Thanks!

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9 months ago