SB 881 - This act modifies Missouri Supreme Court rules regarding discovery in criminal cases. TIME FOR DISCOVERY (RULE 25.02) Under current Supreme Court rules, discovery may commence at any time after the defendant's initial appearance in court. The state must provide the defendant's counsel with material within 14 days of service of the request. Requests or motions for discovery must be made no later than 20 days after arraignment. Under this act, 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. DISCLOSURE BY STATE TO DEFENDANT WITHOUT COURT ORDER (RULE 25.03) This 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. Additionally, the names of persons whom the state intends to call as witnesses must be disclosed, unless no written or recorded statements exist then the state must provide a synopsis of the expected testimony for any oral statements of the witness. Under current Supreme Court rules, the state may redact certain listed personal information from documents provided to the defense. This act repeals that provision and provides that any personal identifying information of witnesses or other persons in the document may be redacted. This act also repeals the rule that the state may elect to provide a separate redacted "Defendant's Copy" and "Lawyer Copy Only - Not for Defendant" with the information that was 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. Under this act, if otherwise discoverable material is not in the possession of the prosecuting attorney, but is in the possession of other government personnel, the prosecuting attorney will make good faith efforts to provide the material to the defendant. DISCLOSURE BY STATE TO DEFENDANT BY COURT ORDER (RULE 25.04) This act requires the defendant make a written motion with the court to request certain material in the possession of the state and requires the defense 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. DISCLOSURE BY DEFENDANT TO STATE WITHOUT COURT ORDER (RULE 25.05) Under current Supreme Court rules, the defendant must disclose to the state, upon written request, certain materials. This act provides that the names and last known addresses of persons the defendant intends to call as witnesses at trial must be provided, unless no written or recorded statements exist then the defendant must provide a synopsis of the expected testimony for any oral statements of the witness. MATTERS NOT SUBJECT TO DISCLOSURE (RULE 25.10) This act adds the provision that attorney notes prepared for the purpose of presenting testimony of identified witnesses at trial are not subject to disclosure. DEPOSITIONS (RULE 25.12) This act provides that depositions shall be taken only of expert witnesses for purposes of preserving testimony for trial. Additionally, upon a motion of the defense, the court may order the physical presence of a defendant if constitutionally required. If the defendant is indigent, the court may dispense with the requirement that expert witnesses be paid for testifying at a deposition. SANCTIONS (RULE 25.18) Current Supreme Court rules 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. INVESTIGATIONS NOT TO BE IMPEDED (RULE 25.19) This act repeals provisions of the Supreme Court rule that prohibits counsel for the parties from advising any individual to not discuss the case with opposing counsel and replaces it with a provision providing that neither counsel nor any party shall contact or communicate with identified witnesses for the opposing party except upon advance notice to the opposing counsel. DISCOVERY DEPOSITIONS BY STATE (RULE 25.15) This act repeals the Supreme Court rule that a prosecuting attorney in any criminal case may obtain the deposition of any person after an indictment or the filing of an information. This act is substantially similar to SB 22 (2019) and similar to SS#4/SB 224. MARY GRACE BRUNTRAGER