Court Process, Plea & Trial

What is a demand for discovery?

Attorney-Reviewed Answer
Reviewed by Jeff T. Gorman, Criminal Defense Attorney & Former 19th Circuit Prosecutor (Fla. Bar #538183). Last reviewed: September 2026
Short Answer
The filing that triggers the State's disclosure obligations — and it has a consequence people should understand.

Discovery in Florida is elective. It doesn't happen automatically; the defense files a notice electing to participate, and that triggers the State's obligation to disclose.

The consequence is reciprocity. Electing discovery obligates the defense to disclose certain things in return — witnesses the defense intends to call, and certain evidence and statements.

That's a real consideration, though in practice the exchange overwhelmingly favors the defense, since the State's file is vastly larger and the defense obligation is narrower.

Filing early matters. Video is overwritten, memories fade, and witnesses become difficult to locate. A demand filed at arraignment starts the clock on obtaining material that has a shelf life.

Once filed, it also opens the ability to take depositions in felony cases, which is where the most valuable information usually comes from.

File it early. Some of what you're asking for won't exist in ninety days. ---

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This page answers a common question for general informational purposes and is not legal advice, and no attorney-client relationship is formed by reading it. Florida law changes; while this answer is reviewed by a licensed Florida attorney, the right answer depends on the specific facts of your situation — consult an attorney. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.