Supreme Court Rules - Rule 25 - Rules of Criminal Procedure - Misdemeanors or Felonies - Disclosure and Depositions: Misdemeanors or Felonies - Disclosure by Defendant to State Without Court Order

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Supreme Court Rules

		Section/Rule:	25.05
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 Defendant to State Without Court Order	Revised / Effective Date:	July 1, 2018

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

(

)

Except as otherwise provided in these Rules as to protective orders, and subject to constitutional limitations, on written request by the state,

defendant shall disclose to counsel for the state

part or all of the following material or information within

defendant's

possession or control designated in such request:

(1)

Any reports or statements of experts made in connection with the particular case, including results of physical or mental examinations and of scientific tests, experiments, or comparisons, which the defense intends to introduce into evidence at a hearing or trial, except that those portions of any of the above containing statements made by

defendant shall not be disclosed;

(2)

The names and last known addresses of persons, other than defendant, whom defendant intends to call as witnesses at any hearing or

trial, together with their written or recorded statements, and existing memoranda reporting or summarizing part or all of their oral statements;

(3)

Those parts of any books, papers, documents, photographs,

video, electronic communications, electronic data,

or objects, except

those that

contain statements of

defendant, which

defendant intends to introduce in evidence at a hearing or trial;

(4)

defendant intends to rely on the defense of mental disease or defect excluding responsibility,

or to claim that defendant has a mental disease or defect negating a culpable mental state, disclosure of these defenses

shall be in the form of a written statement by counsel for

defendant;

and

(5)

defendant intends to rely on the defense of alibi and the state in its request specifies the place, date, and time of the crime charged, disclosure shall be in the form of a written statement by counsel for

defendant, announcing

defendant's

intent and giving specific information as to the place at which

defendant claims to have been at the time of the alleged offense, and

as particularly as is known, the names and addresses of the witnesses by whom

defendant

proposes to establish

the

alibi.

(

)

he request provided for by this Rule shall be made by

filing the request in the court where the case is pending and

serving a copy of the request upon

defendant or

defendant's

attorney

Committee Note - 1979

This is the same as prior Rule 25.34.

(Adopted June 13, 1979, eff. Jan. 1, 1980. Amended Dec. 19, 2017, eff. July 1, 2018.)