Open File Discovery

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Open file discovery is promoted in the United States as one means of helping equalize the investigatory disparity between the prosecution and the defense attorney. [1] Under open file discovery, a defendant should have access to the prosecutor's entire file and there should never be any surprises at trial.

Open file discovery is also the only means by which the state can guarantee due process criminal justice to defendants. It also eliminates the need for prosecutors to evaluate whether evidence is both material and exculpatory under the Brady Rule.

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