DueProcess Privacy
Can a trial judge postpone a trial on its commencement date at the prosecutor's motion for additional discovery without establishing how the opposing party (defendant) failed to comply with any discovery rule pursuant to N.J.C.R. 3:13-3(b)(f)?
QUESTIONS PRESENTED ; The substantial questions of law and issues that warrants this Court’s intervention: ; : (1) Can a trial judge postpone a trial on its commencement date at the prosecutor’s motion for additional discovery without establishing how the opposing party (defendant) failed to comply with any discovery rule pursuant to N.J.C.R. 3:13-3(b) (£)? (1T . ‘ 3-7 to 5-2) . New Jersey Court Rule 3:13-3(b)(f) (f) Continuing Duty to Disclose; Failure to Comply. There shall be a continuing duty to provide discovery pursuant to this rule. If at any time during the course of the proceedings it is brought to the attention of the court that a party has failed to comply with this rule or with an order issued pursuant to this rule, it may order such party to permit the discovery of materials not previously disclosed, grant a continuance or delay during trial, or prohibit the party from | introducing in evidence the material not disclosed, or it may enter such other order as it deems : appropriate. | (2) Can discovery which is available pre-indictment and produced in the prosecutor’s office be considered new discovery | . to the prosecutor on the commencement date of a defendant’s trial? (