Legal Question in Criminal Law in California

Re: what is the difference between a Rivas motion and a Discovery Motion

Thank you for your inquiry.

A Rivas motion is what is commonly known as a motion to reveal a confidential informant. The case of Rivas is used as a defense to, and in some senses, in conjunction with, the federal case of Franks v. Delaware, and the Informer's Privilege Rule, and allows you to attack sufficiency of evidence based upon the credibility of the informant.

A discovery motion is typically a motion under Penal Code �1054 to ascertain evidence, or order the prosecution to provide evidence or exclude it at trial.

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