Supreme Court Rules

First Adopted: June 13, 1979

Most Recently Effective: July 01, 2018

Rule 25 | Rules of Criminal Procedure | Misdemeanors or Felonies – Disclosure and Depositions

25.10 | Misdemeanors or Felonies – Matters not Subject to Disclosure

The following matters shall not be subject to disclosure:

(a) Legal research, or records, correspondence, reports, or memoranda to the extent that they contain the opinions, theories, or conclusions of counsel for the state or members of the state's legal or investigative staff, or of defendant, defense counsel, or members of defendant's legal or investigative staff.

(b) An informant's identity where informant's identity is a prosecution secret, a failure to disclose will not infringe the constitutional rights of defendant, and disclosure is not essential to a fair determination of the cause. Disclosure shall not be denied hereunder as to the identity of an informant to be produced at a hearing or trial.

(c) Any material or information which involves a substantial risk of prejudice to national security, where a failure to disclose will not infringe the constitutional rights of the accused, and where disclosure is not essential to a fair determination of the cause. Disclosure shall not be denied hereunder as to material or information which is to be disclosed at a hearing or trial.

Committee Note – 1979

This is the same as prior Rule 25.39.


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