SB 22 - Current rules regarding discovery on filing of a felony complaint are repealed and new provisions are created regarding discovery after arraignment. Discovery shall not commence before arraignment of the defendant. Responses to discovery requests shall be made within 15 days of service of the request or not less than 10 days prior to trial, whichever is earlier. The response time may be extended for good cause, but no more than one extension may be granted without notice to the opposing party. Any objection to a discovery request must be made within the time for responding to such request.
The act modifies provisions regarding disclosure after arraignment. Any disclosure of certain reports or documents that contains personal identifying information may be redacted to remove such identifying information. The act removes the last known addresses of persons whom the state intends to call as witnesses as information that must be disclosed and requires the state to provide a synopsis of the expected testimony for any oral statements of the witness. Currently, the state may redact certain listed personal information from documents provided to the defense. This act provides that any personal identifying information of witnesses or other persons in the document may be redacted. Currently, the state must disclose exculpatory evidence or information that would be required to comply with certain U.S. Supreme Court cases. This act removes reference to the cases and provides that the disclosure must comply with the requirements of due process.
The defense may move the court to request the state to disclose material not covered by the Rules if in the possession of prosecutor. The act requires the motion to state with particularity the relevance and materiality of such material. If the court finds the request to be reasonable and necessary to ensure a fair trial, the court shall order disclosure by the state. Further, the act provides that nothing in the Rules shall be construed to prevent the state or defense from securing subpoenas duces tecum to require attendance of witnesses and the production of material at trial.
With regard to disclosure by the defense to the state, the act requires the defense to provide a synopsis of the expected testimony for any oral statements of any witnesses the defense intends to call.
The act provides that depositions shall be taken only of expert witnesses and for purposes of preserving testimony for trial. Currently provisions regarding the ability of a prosecutor to obtain the deposition of any person after indictment or filing of information are repealed.
Current provisions authorize sanctions for failure to comply with a discovery rule or order. This act provides that a victim's testimony shall not be excluded as a discovery sanction. No motion for sanctions shall be heard unless the counsel for the moving party has certified to the court that informal efforts to resolve the dispute have been unsuccessful.
Current provisions that prohibit counsel for the parties from advising any individual to not discuss the case with opposing counsel are repealed and the act provides that neither counsel or party shall contact or communicate with identified witnesses for the opposing party except upon advance notice to the opposing counsel.