Print Version
Previous PageFile uploaded: 4/19/2018

Rule 16. Discovery.


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


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


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


(a)(3) physical evidence seized from the defendant orcodefendant; 


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

punishment; and 


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


(b) Timing of prosecutor?s disclosures. The prosecutor shall make alldisclosures as soon as practicable following the filing of charges and beforethe defendant is required

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


(c) Disclosures by defense. Except as otherwise provided or asprivileged, the defense shall disclose to the prosecutor such information asrequired by statute relating to alibi or insanity and any other item ofevidence which the court determines on good cause shown should be madeavailable to the prosecutor in order for the prosecutor to adequately preparethe case. 


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


(e) Methods of disclosure. When convenience reasonably requires, theprosecutor or defense may make disclosure by notifying the opposing party thatmaterial and information may be inspected, tested or copied at specifiedreasonable times and places. The prosecutor or defense may impose reasonablelimitations on the further dissemination of sensitive information otherwisesubject to discovery to prevent improper use of the information or to protectvictims 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 mayat any time order that discovery or inspection be denied, restricted, ordeferred, that limitations on the further dissemination of discovery bemodified or make such other order as is appropriate. Upon motion by a party,the court may permit the party to make such showing, in wholeor in part, in the form of a written statement to be inspected by the judgealone. If the court enters an order granting relief following such an ex parteshowing, the entire text of the party's statement shall be sealed and preservedin the records of the court to be made available tothe appellate court in the event of an appeal. 


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


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


(h)(1) appear in a lineup; 


(h)(2) speak for identification; 


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


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


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


(h)(6) permit the taking of samples of blood, hair, fingernailscrapings, and other bodily materials which can be obtained withoutunreasonable intrusion; 


(h)(7) provide specimensof handwriting; 


(h)(8) submit to reasonable physical or medical inspection ofthe accused?s body; and 


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

foregoing purposes,reasonable notice of the time and place of such appearance shallbe given to the accused and the accused?s counsel. Failure of theaccused to appear or to comply with the requirements of this rule, unlessrelieved by order of the court, without reasonable excuse shall be grounds forrevocation of pre‑trial release, may be offered as evidence in theprosecutor's case in chief for consideration along with other evidenceconcerning the guilt of the accused and shall be subject to such furthersanctions as the court should deem appropriate.


Effective November 1, 2015