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Motion and Order for Discovery, with Notice of Defense based on Mental Condition - Louisiana

Motion and Order for Discovery, with Notice of Defense based on Mental Condition - Louisiana 2025

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The document is a legal motion filed in a Louisiana court by the defendant requesting discovery from the District Attorney. It seeks access to confessions, tangible evidence, scientific test results, and exculpatory evidence relevant to the case. Additionally, it includes a notice of defense based on the defendant's mental condition, asserting incapacity to form intent at the time of the alleged crime. The document concludes with a certificate of service confirming delivery to the District Attorney's office.

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What is Article 701 in Louisiana?

701. If the witness is not testifying as an expert, his testimony in the form of opinions or inferences is limited to those opinions or inferences which are: (1) Rationally based on the perception of the witness; and (2) Helpful to a clear understanding of his testimony or the determination of a fact in issue.

What is the 60 day rule in Louisiana?

(1)(a) When the defendant is continued in custody subsequent to an arrest, an indictment or information shall be filed within thirty days of the arrest if the defendant is being held for a misdemeanor and within sixty days of the arrest if the defendant is being held for a felony.

How long does the DA have to file felony charges in Louisiana?

(2)(a) When the defendant is not continued in custody subsequent to arrest, an indictment or information shall be filed within ninety days of the arrest if the defendant is booked with a misdemeanor and one hundred fifty days of the arrest if the defendant is booked with a felony.

What are the three types of exceptions in Louisiana?

(a) A party moving to compel discovery or to obtain relief from discovery shall file with its motion a certificate stating that the parties to the discovery dispute or their counsel have conferred in person or by telephone to attempt to resolve the dispute amicably, and the reasons they are unable to agree; or stating

What is the discovery rule in Louisiana?

Parties may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action, whether it relates to the claim or defense of the party seeking discovery or to the claim or defense of any other party, including the existence, description, nature, custody,

What is a 701 motion in Louisiana?

The declinatory exception, the dilatory exception, and the peremptory exception when pleaded before or in the answer shall be tried and decided in advance of the trial of the case.

Motion and Order for Discovery, with Notice of Defense based on Mental Condition - Louisiana 2025

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