What is the scope of discovery for a defendant's affirmative defense of diminished capacity?
California, United States of America
The following excerpt is from McGuire v. Superior Court For Los Angeles County, 274 Cal.App.2d 583, 79 Cal.Rptr. 155 (Cal. App. 1969):
The discovery order in the case before us is limited to a disclosure of the names of witnesses the petitioner intends to call and documents he intends to introduce into evidence in support 'of defendant's affirmative defense of diminished capacity.' The order falls squarely within the rule permitting limited discovery concerning affirmative defenses authorized by Jones v. Superior Court, Supra.
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