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California legal term

discovery materials in California Criminal Law

Current through 2026 California legislative session

In California criminal law, “discovery materials” is a term defined by statute rather than by its everyday meaning. Its statutory definition — quoted verbatim below — controls how the term is applied throughout the California criminal code.

What does “discovery materials” mean in California criminal law?

“discovery materials” means materials in the possession of the prosecution and law enforcement authorities that the same defendant would have been entitled at time of trial or materials that tend to negate guilt, mitigate the offense, mitigate the sentence, or otherwise are favorable or exculpatory to the defendant. “Discovery materials” includes all materials that the convicted person would be entitled to if they were being tried today, irrespective of whether the materials were discoverable at the time of the convicted person’s original trial. “Discovery materials” includes the prosecution’s (Cal. Penal Code § 1054.9)

Statutes defining or using this term

Related terms in the same statutes

This reference is informational and is not legal advice.