What is the test for discovery of evidence in a criminal case?

Section 1054.1 requires the prosecution to disclose to the defense certain categories of evidence in its possession, including "any '[r]elevant written or recorded statements of witnesses or reports of the statements of witnesses whom the prosecutor intends to call at the trial . . . ." (See People v. Verdugo (2010) 50 Cal.4th 263, 279-280; In re Littlefield (1993) 5 Cal.4th 122, 135.) Absent good cause, "such evidence must be disclosed at least 30 days before trial, or immediately if discovered or obtained within 30 days of trial." (Verdugo, at p. 280; see 1054.7 ["[i]f the material and information becomes known to, or comes into the possession of, a party within 30 days of trial, disclosure shall be made immediately unless good cause is shown"].) If any party fails to

Page 26

comply with the statutory disclosure requirements, the trial court "may make any order necessary" to enforce those provisions, "including, but not limited to, [ordering] immediate disclosure, [initiating] contempt proceedings, delaying or prohibiting the testimony of a witness or the presentation of real evidence, continu[ing] . . . the matter, or any other lawful order. Further, the court may advise the jury of any failure or refusal to disclose and of any untimely disclosure." ( 1054.5; accord, Verdugo, at p. 280.) The trial court's determination whether a discovery violation occurred is reviewed for abuse of discretion. (People v. Ayala, supra, 23 Cal.4th at p. 299.)