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Supreme Court Rules

Section/Rule:25.04
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 by Court Order Requiring a Showing of Good CauseRevised / Effective Date:January 1, 1980


25.04. Misdemeanors or Felonies - Disclosure by State to Defendant by Court Order Requiring a Showing of Good Cause

(A) The defense may make a written motion in the court having jurisdiction to try said case requesting the state to disclose material and information not covered by Rule 25.03. Such motion shall specify the material or information sought to be disclosed. If the court finds the request to be reasonable, the court shall order the state to disclose to the defendant that material and information requested which is found by the court to be relevant and material to the defendant's case.

(B) The court shall specify the material and information to be disclosed and the time and manner in which the state shall make disclosure under this Rule.

(C) If any material and information which the court orders the state to disclose under this Rule is in the possession or control of other governmental personnel, the state shall use diligence and make good faith efforts to cause such material to be made available to the defense; and if the state's efforts are unsuccessful and such material or other governmental personnel are subject to the jurisdiction of the court issuing such order, said court, upon request, shall issue suitable subpoenas or orders to cause such material to be made available to the state for disclosure to the defense.

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

COMMITTEE NOTE - 1979