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Supreme Court Rules

Section/Rule:25.03
Subject: Rule 25 - Rules of Criminal Procedure - Misdemeanors or Felonies - Disclosure and Depositions Publication / Adopted Date:June 13, 1979
Topic:Misdemeanors or Felonies - Disclosure by State to Defendant Without Court OrderRevised / Effective Date:January 1, 1980


25.03. Misdemeanors or Felonies - Disclosure by State to Defendant Without Court Order

(A) Except as otherwise provided in these Rules as to protective orders, the state shall, upon written request of defendant's counsel, disclose to defendant's counsel such part or all of the following material and information within its possession or control designated in said request:

(B) The request provided for by this Rule shall be made by serving a copy of the request upon counsel for the state and each defendant to be tried jointly with the defendant. The original of such request shall be filed in the court having jurisdiction to try the case.

(C) If the defense in its request designates material or information which would be discoverable under this Rule if in the possession or control of the state, but which is, in fact, in the possession or control of other governmental personnel, the state shall use diligence and make good faith efforts to cause such materials to be made available to the defense counsel, and if the state's efforts are unsuccessful and such material or other governmental personnel are subject to the jurisdiction of the court, the court, upon request, shall issue suitable subpoenas or orders to cause such material or information to be made available to the state for disclosure to the defense.

(Adopted June 13, 1979, eff. Jan. 1, 1980.)

COMMITTEE NOTE - 1979