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Supreme Court Rules
Section/Rule:
25.06
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 by Court Order Requiring a Showing of Good Cause
Revised / Effective Date:
July 1, 2018
25.06. Misdemeanors or Felonies - Disclosure by Defendant to State by Court Order Requiring a Showing of Good Cause
(
a
)
Subject to constitutional limitations, the state may make a written motion in the court having jurisdiction to try the case requesting
defendant to disclose material and information not covered in
Rule 25.05
.
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
defendant to disclose to the state that material and information requested which is found by the court to be relevant and material to the state's case.
(
b
)
Upon motion by the state, and subject to constitutional limitations and any other safeguards deemed appropriate by the court, and upon a showing of good cause, the court may order
defendant to:
(1) Appear in a lineup;
(2) Speak for identification;
(3) Be fingerprinted;
(4) Pose for photographs not involving reenactment of a scene;
(5) Try on articles of clothing;
(6) Provide a sample of
defendant's
handwriting;
(7) Submit to the taking of specimens of material from under defendant's fingernails;
(8) S
ubmit to the taking of samples of
defendant's blood, hair, and other materials of
defendant's
body, which involve no unreasonable intrusion thereof;
or
(9) Submit to a reasonable physical or medical inspection of
defendant's
body.
(
c
)
If requested by any party, the court shall hear evidence on the necessity of discovery requested under Rule 25.06(b).
(
d
)
In its order directing discovery under this Rule, the court shall make the grounds for its decision a part of the record.
(
e
)
The court shall specify the material and information to be disclosed and the time and manner in which
defendant shall make disclosure under this Rule.
(
f
)
D
efendant shall have the right to have counsel present during any disclosure under Rule 25.06(b)
.
(
g
)
Rule 25.06(b) shall not apply to investigative procedures before an indictment or information is filed.
Committee Note - 1979
This is the same as prior Rule 25.35.
(Adopted June 13, 1979, eff. Jan. 1, 1980. Amended Dec. 19, 2017, eff. July 1, 2018)
