Voicemail is often discoverable under electronic discovery rules.
This rule was called the discovery rule.
In 1962, for example, the California Supreme Court ordered reciprocal discovery rules, without an initial law requiring it.
It held that when "discovery rules are violated, the trial judge may exclude the evidence which the violating party wishes to introduce".
Trial judges in North Carolina have broad authority to impose sanctions when prosecutors violate discovery rules.
Under pretrial discovery rules, they turned the tapes over to the defense.
Other criminal discovery rules are similarly archaic.
Under Rosenthal's leadership, the discovery rules were amended to address the impact of changes in information technology in 2006.
While each court may have different discovery rules, the basics are the same.
And, he added, "This does not square with the discovery rules nor with 'traditional notions of fair play and justice."'