Rule 16. Discovery.

 

(a) Disclosures by prosecutor. Except as otherwise provided, the prosecutor shall disclose to the defense upon request the following material or information of which the prosecutor has knowledge: 

 

(a)(1) relevant written or recorded statements of the defendant or codefendants; 

 

(a)(2) the criminal record of the defendant; 

 

(a)(3) physical evidence seized from the defendant or codefendant; 

 

(a)(4) evidence known to the prosecutor that tends to negate the guilt of the accused, mitigate the guilt of the defendant, or mitigate the degree of the offense for reduced

punishment; and 

 

(a)(5) any other item of evidence which the court determines on good cause shown should be made available to the defendant in order for the defendant to adequately prepare a defense. 

 

(b) Timing of prosecutorís disclosures. The prosecutor shall make all disclosures as soon as practicable following the filing of charges and before the defendant is required

to plead. The prosecutor has a continuing duty to make disclosure. 

 

(c) Disclosures by defense. Except as otherwise provided or as privileged, the defense shall disclose to the prosecutor such information as required by statute relating to alibi or insanity and any other item of evidence which the court determines on good cause shown should be made available to the prosecutor in order for the prosecutor to adequately prepare the case. 

 

(d) Timing of defense disclosures. Unless otherwise provided, the defense attorney shall make all disclosures at least 14 days before trial or as soon as practicable. The defense has a continuing duty to make disclosure. 

 

(e) Methods of disclosure. When convenience reasonably requires, the prosecutor or defense may make disclosure by notifying the opposing party that material and information may be inspected, tested or copied at specified reasonable times and places. The prosecutor or defense may impose reasonable limitations on the further dissemination of sensitive information otherwise subject to discovery to prevent improper use of the information or to protect victims and witnesses from harassment, abuse, or undue invasion of privacy, including limitations on the further dissemination of videotaped interviews, photographs, or psychological or medical reports. 

 

(f) Restrictions on disclosure. Upon a sufficient showing the court may at any time order that discovery or inspection be denied, restricted, or deferred, that limitations on the further dissemination of discovery be modified or make such other order as is appropriate. Upon motion by a party, the court may permit the party to make such showing, in whole or in part, in the form of a written statement to be inspected by the judge alone. If the court enters an order granting relief following such an ex parte showing, the entire text of the party's statement shall be sealed and preserved in the records of the court to be made available to the appellate court in the event of an appeal. 

 

(g) Failing to disclose. If at any time during the course of the proceedings it is brought to the attention of the court that a party has failed to comply with this rule, the court may order such party to permit the discovery or inspection, grant a continuance, or prohibit the party from introducing evidence not disclosed, or it may enter such other order as it deems just under the circumstances. 

 

(h) Additional requirements that may be imposed on the accused. Subject to constitutional limitations, the accused may be required to: 

 

(h)(1) appear in a lineup; 

 

(h)(2) speak for identification; 

 

(h)(3) submit to fingerprinting or the making of other bodily impressions; 

 

(h)(4) pose for photographs not involving reenactment of the crime; 

 

(h)(5) try on articles of clothing or other items of disguise; 

 

(h)(6) permit the taking of samples of blood, hair, fingernail scrapings, and other bodily materials which can be obtained without unreasonable intrusion; 

 

(h)(7) provide specimens of handwriting; 

 

(h)(8) submit to reasonable physical or medical inspection of the accusedís body; and 

 

(h)(9) cut hair or allow hair to grow to approximate appearance at the time of the alleged offense. Whenever the personal appearance of the accused is required for the

foregoing purposes, reasonable notice of the time and place of such appearance shall be given to the accused and the accusedís counsel. Failure of the accused to appear or to comply with the requirements of this rule, unless relieved by order of the court, without reasonable excuse shall be grounds for revocation of pre‑trial release, may be offered as evidence in the prosecutor's case in chief for consideration along with other evidence concerning the guilt of the accused and shall be subject to such further sanctions as the court should deem appropriate.

 

Effective November 1, 2015