Governor Hochul Announces Discovery Law Improvements to Take Effect This Week
Changes to New York State’s Discovery Laws have gone into effect.
Passed as part of the 2026 State Budget, amendments to the discovery process are meant to support survivors of domestic violence and other serious crimes, hold perpetrators accountable and safeguard the right to a fair and speedy trial in New York State.
Adjustments to Discovery maintain due process for defendants while replacing a system that allowed for automatic dismissals based on technical errors and had adverse effects on survivors of domestic violence and other serious crimes. With bipartisan support from District Attorneys, domestic violence victim advocates, religious leaders and business groups, these Discovery changes will:
- Require courts to consider the prosecutor’s efforts as a whole and whether any missing material prejudiced the defense, preventing cases from being thrown out over insignificant mistakes;
- Narrow the scope of the items that must be disclosed and cut out the need to seek certain materials that are irrelevant to the charges against the defendant, allowing prosecutors to better focus on gathering the evidence that really matters;
- Allow prosecutors to move the case forward after they have exercised good faith and due diligence to obtain discoverable material and disclosed everything they have actually obtained, even if there are items they are waiting on;
- Protect against manipulation of the speedy trial clock, requiring defense attorneys to bring challenges early in the case and confer with prosecutors to resolve issues and move cases forward quickly; and
- Streamline protections for sensitive witness information, both to protect witnesses and to facilitate a culture of witnesses feeling empowered to come forward.
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