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Rule 16. Discovery.

 

(a) Disclosuresby prosecutor. Except as otherwise provided, the prosecutor shalldisclose to the defense upon request the following material or information ofwhich 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 knownto the prosecutor that tends to negate the guilt of the accused, mitigate theguilt of the defendant, or mitigate the degree 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 ofprosecutor?s disclosures. The prosecutor shall make all disclosures assoon as practicable following the filing of charges and before the defendant isrequired to plead. The prosecutor has a continuing duty to makedisclosure. 

 

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

 

(d) Timing ofdefense disclosures. Unless otherwise provided, the defense attorneyshall make all disclosures at least 14 days before trial or assoon as practicable. The defense has a continuing duty to makedisclosure. 

 

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

 

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

 

(g) Failing todisclose. If at any time during the course of the proceedings it isbrought to the attention of the court that a party has failed to comply withthis rule, the court may order such party to permit the discovery orinspection, grant a continuance, or prohibit the party from introducingevidence not disclosed, or it may enter such other order as it deems just underthe circumstances. 

 

(h) Additionalrequirements that may be imposed on the accused. Subject toconstitutional limitations, the accused may be required 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 thetime and place of such appearance shall be given to the accused andthe accused?s counsel. Failure of the accused to appear or to comply withthe requirements of this rule, unless relieved by order of the court, withoutreasonable excuse shall be grounds for revocation of pre‑trial release,may be offered as evidence in the prosecutor's case in chief for considerationalong with other evidence concerning the guilt of the accused and shall besubject to such further sanctions as the court should deem appropriate.

 

Effective November 1,2015