23A-13-1
(Rule 16(a)(1)(A)) Prosecution evidence discoverable by defendant--Statements of
employees of corporate defendants.
23A-13-2
(Rule 16(a)(1)(B)) Copy of prior criminal record furnished to defendant on request.
23A-13-3
(Rule 16(a)(1)(C)) Defendant's right to inspect and copy documentary and tangible
evidence.
23A-13-4
(Rule 16(a)(1)(D)) Defendant's right to inspect and copy results of examinations or
scientific tests.
23A-13-5
Work product protected from discovery by defendant.
23A-13-6
Statement by witness not discoverable until testimony in preliminary hearing or trial.
23A-13-7
Prior statements of prosecution witnesses subject to discovery after direct
examination.
23A-13-8
Excision from statement of prosecution witness of matter not testified to--Delivery
to defendant--Preservation of entire statement for appeal--Recess to permit
examination by defendant.
23A-13-9
Testimony stricken when prosecution elects not to produce prior statement--Mistrial.
23A-13-10
Kinds of prior statements subject to discovery by defendant.
23A-13-11
(Rule 16(a)(3)) Grand jury proceedings not discoverable--Exceptions.
23A-13-12
(Rule 16(b)(1)(A)) Defendant's documentary and tangible evidence discoverable by
prosecution.
23A-13-13
Results of examinations and scientific tests discoverable by prosecution.
23A-13-14
(Rule 16(b)(2)) Defense work product protected from discovery.
23A-13-15
(Rule 16(c)) Notice to adverse party of newly discovered evidence subject to
discovery.
23A-13-16
(Rule 16(d)(1)) Restriction of rights of discovery or inspection--Preservation of entire
statement for appellate record.
23A-13-17
(Rule 16(d)(2)) Remedies on failure of party to comply with discovery requirements--Manner of discovery and inspection.
23A-13-18
(Rule 16(e)) Discovery of alibi witnesses.
23A-13-1. (Rule 16(a)(1)(A)) Prosecution evidence discoverable by defendant--Statements of employees of corporate defendants.
Upon written request of a defendant the prosecuting attorney shall permit the defendant to inspect and copy or photograph:
(1) Any relevant written or recorded statements made by the defendant or copies thereof, within the possession, custody, or control of the state, the existence of which is known, or by the exercise of due diligence may become known, to the prosecuting attorney;
(2) The substance of any oral statement, which the prosecuting attorney intends to offer in evidence at the trial, made by the defendant whether before or after arrest in response to interrogation by any person then known to the defendant to be an employee of a law enforcement agency; and
(3) Notwithstanding § 23A-5-16, recorded testimony of the defendant before a grand jury which relates to the offense charged.
Where the defendant is a corporation, partnership, association, or labor union, the court may grant the defendant, upon its motion, discovery of relevant recorded testimony of any witness before a grand jury who was, at the time of his testimony, so situated as an officer or employee as to have been able legally to bind the defendant in respect to conduct constituting the offense, or who was at the time of the offense, personally involved in the alleged conduct constituting the offense and so situated as an officer or employee as to have been able legally to bind the defendant in respect to that alleged conduct in which he was involved.
Source: SL 1978, ch 178, § 140.
23A-13-2. (Rule 16(a)(1)(B)) Copy of prior criminal record furnished to defendant on request.
Upon written request of the defendant, the prosecuting attorney shall furnish to the defendant such copy of his prior criminal record, if any, as is within the possession, custody, or control of the prosecuting attorney, and the existence of which is known, or by the exercise of due diligence may become known, to the prosecuting attorney.
Source: SL 1978, ch 178, § 142.
23A-13-3. (Rule 16(a)(1)(C)) Defendant's right to inspect and copy documentary and tangible evidence.
Upon written request of the defendant, the prosecuting attorney shall permit the defendant to inspect and copy or photograph books, papers, documents, photographs, tangible objects, buildings, or places, or copies or portions thereof, which are within the possession, custody, or control of the prosecuting attorney and which are material to the preparation of his defense or intended for use by the prosecuting attorney as evidence in chief at the trial, or were obtained from or belong to the defendant.
Source: SL 1978, ch 178, § 143.
23A-13-4. (Rule 16(a)(1)(D)) Defendant's right to inspect and copy results of examinations or scientific tests.
Upon written request of a defendant, the prosecuting attorney shall permit a defendant to inspect and copy or photograph any results or reports of physical or mental examinations, and of scientific tests or experiments, or copies thereof, which are within the possession, custody, or control of the prosecuting attorney, the existence of which is known, or by the exercise of due diligence may become known, to the prosecuting attorney, and which are material to the preparation of the defense or are intended for use by a prosecuting attorney as evidence in chief at the trial.
Source: SL 1978, ch 178, § 144.
23A-13-5. Work product protected from discovery by defendant.
Except as provided in §§ 23A-13-1, 23A-13-2, and 23A-13-4, this chapter does not authorize the discovery or inspection of reports, memoranda, or other internal prosecution documents made by the prosecuting attorney or other employees of law enforcement agencies in connection with the investigation or prosecution of the case, or of statements made by the prosecution witnesses or prospective prosecution witnesses except as provided in §§ 23A-13-7 to 23A-13-10, inclusive.
Source: SL 1978, ch 178, § 145.
23A-13-6. Statement by witness not discoverable until testimony in preliminary hearing or trial.
In any criminal prosecution, no statement in the possession of the prosecuting attorney, which was made by a prosecution witness or prospective prosecution witness (other than the defendant), shall be the subject of subpoena, discovery, or inspection until such witness has testified on direct examination in the preliminary hearing or in the trial of the case.
Source: SL 1978, ch 178, § 146; SL 1979, ch 159, § 10A.
23A-13-7. Prior statements of prosecution witnesses subject to discovery after direct examination.
After a witness called by the prosecuting attorney has testified on direct examination, the court shall, on motion of the defendant, order the prosecuting attorney to produce any statement, as defined in § 23A-13-10, of the witness in the possession of the prosecuting attorney which relates to the subject matter as to which the witness has testified. If the entire contents of any such statement relate to the subject matter of the testimony of the witness, the court shall order it to be delivered directly to the defendant for his examination and use.
Source: SL 1978, ch 178, § 147.
23A-13-8. Excision from statement of prosecution witness of matter not testified to--Delivery to defendant--Preservation of entire statement for appeal--Recess to permit examination by defendant.
If the prosecuting attorney claims that any statement ordered to be produced under §§ 23A-13-6 to 23A-13-10, inclusive, contains matter which does not relate to the subject matter of the testimony of the witness, the court shall order the prosecuting attorney to deliver such statement for the inspection of the court in camera. Upon such delivery the court shall excise the portions of such statement which do not relate to the subject matter of the testimony of the witness. With such material excised, the court shall then direct delivery of such statement to the defendant for his use. If, pursuant to such procedure, any portion of such statement is withheld from the defendant and the defendant objects to such withholding, and the trial is continued to an adjudication of the guilt of the defendant, the entire text of such statement shall be preserved by the prosecuting attorney and, in the event the defendant appeals, shall be made available to the appellate court for the purpose of determining the correctness of the ruling of the trial judge. Whenever any statement is delivered to a defendant pursuant to this section, the court in its discretion, upon application of the defendant, may recess proceedings in the trial for such time as it may determine to be reasonably required for the examination of the statement by the defendant and his preparation for its use in the trial.
Source: SL 1978, ch 178, § 148.
23A-13-9. Testimony stricken when prosecution elects not to produce prior statement--Mistrial.
If the prosecuting attorney elects not to comply with an order of the court under §§ 23A-13-7 and 23A-13-8 to deliver to the defendant any such statement, or such portion thereof as the court may direct, the court shall strike from the record the testimony of the witness, and the trial shall proceed unless the court in its discretion shall determine that the interests of justice require that a mistrial be declared.
Source: SL 1978, ch 178, § 148-A.
23A-13-10. Kinds of prior statements subject to discovery by defendant.
The term "statement" as used in §§ 23A-13-7 to 23A-13-9, inclusive, in relation to any witness called by the prosecuting attorney, means:
(1) A written statement made by such witness and signed or otherwise adopted or approved by him;
(2) A stenographic, mechanical, electrical, or other recording, or a transcription thereof, which is a substantially verbatim recital of an oral statement made by such witness and recorded contemporaneously with the making of such oral statement;
(3) A statement, however taken or recorded, or a transcription thereof, if any, made by such witness to a grand jury;
(4) A summary of an oral declaration made by someone other than the witness that has been reduced to writing, except for a summary written by a prosecuting attorney.
Source: SL 1978, ch 178, § 148-B; SL 1979, ch 159, § 10B; SL 2018, ch 290 (Supreme Court Rule 17-11), eff. Sept. 1, 2017.
23A-13-11. (Rule 16(a)(3)) Grand jury proceedings not discoverable--Exceptions.
Except as provided in chapter 23A-5, § 23A-13-1, and subdivision 23A-13-10(3), this title does not relate to discovery or inspection of the recorded proceedings of a grand jury.
Source: SL 1978, ch 178, § 149.
23A-13-12. (Rule 16(b)(1)(A)) Defendant's documentary and tangible evidence discoverable by prosecution.
If the defendant requests disclosure under § 23A-13-3 or 23A-13-4, upon compliance with such request by the prosecuting attorney, the defendant, on written request of the prosecuting attorney, shall permit the prosecuting attorney to inspect and copy or photograph books, papers, documents, photographs, tangible objects, or copies or portions thereof, which are within the possession, custody, or control of the defendant and which the defendant intends to introduce as evidence in chief at the trial.
Source: SL 1978, ch 178, § 151.
23A-13-13. Results of examinations and scientific tests discoverable by prosecution.
If the defendant requests disclosure under § 23A-13-3 or 23A-13-4, upon compliance with such request by the prosecuting attorney, the defendant, on written request of the prosecuting attorney, shall permit the prosecuting attorney to inspect and copy or photograph any results or reports of physical or mental examinations and of scientific tests or experiments made in connection with the particular case, or copies thereof, within the possession or control of the defendant, which the defendant intends to introduce as evidence in chief at the trial or which were prepared by a witness whom the defendant intends to call at the trial when the results or reports relate to his testimony.
Source: SL 1978, ch 178, § 152.
23A-13-14. (Rule 16(b)(2)) Defense work product protected from discovery.
Except as to scientific or medical reports, § 23A-13-12 or 23A-13-13 does not authorize the discovery or inspection of reports, memoranda, or other internal defense documents made by the defendant, or his attorneys or agents in connection with the investigation or defense of the case, or of statements made by the defendant, or by prosecution or defense witnesses, or by prospective prosecution or defense witnesses, to the defendant, his agents or attorneys.
Source: SL 1978, ch 178, § 153.
23A-13-15. (Rule 16(c)) Notice to adverse party of newly discovered evidence subject to discovery.
If, prior to or during trial, a party discovers additional evidence or material previously requested or ordered, which is subject to discovery or inspection under §§ 23A-13-1 to 23A-13-14, inclusive, he shall promptly notify the other party or his attorney or the court of the existence of the additional evidence or material.
Source: SL 1978, ch 178, § 162.
23A-13-16. (Rule 16(d)(1)) Restriction of rights of discovery or inspection--Preservation of entire statement for appellate record.
Upon a sufficient showing the court may at any time order that the discovery or inspection be denied, restricted, or deferred, 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 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.
Source: SL 1978, ch 178, § 173.
23A-13-17. (Rule 16(d)(2)) Remedies on failure of party to comply with discovery requirements--Manner of discovery and inspection.
If, at any time during the course of a proceeding, it is brought to the attention of a court that a party has failed to comply with an applicable discovery provision, 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. The court may specify the time, place, and manner of making the discovery and inspection and may prescribe such terms and conditions as are just.
Source: SL 1978, ch 178, § 174.
