245.60 – Continuing Duty to Disclose.
§ 245.60 Continuing duty to disclose. If either the prosecution or the defendant subsequently learns of additional material or information which it would have been under a duty to disclose pursuant to any provisions of this article had it known of it at the time of a previous discovery obligation or discovery order, it shall […]
245.65 – Work Product.
§ 245.65 Work product. This article does not authorize discovery by a party of those portions of records, reports, correspondence, memoranda, or internal documents of the adverse party which are only the legal research, opinions, theories or conclusions of the adverse party or its attorney or the attorney’s agents, or of statements of a defendant, […]
245.70 – Protective Orders.
§ 245.70 Protective orders. 1. Any discovery subject to protective order. Upon a showing of good cause by either party, the court may at any time order that discovery or inspection of any kind of material or information under this article be denied, restricted, conditioned or deferred, or make such other order as is appropriate, […]
245.75 – Waiver of Discovery by Defendant.
§ 245.75 Waiver of discovery by defendant. 1. A defendant who does not seek discovery from the prosecution under this article shall so notify the prosecution and the court at the defendant’s arraignment on an indictment, superior court information, prosecutor’s information, information, or simplified information, or expeditiously thereafter but before receiving discovery from the prosecution […]
245.80 – Remedies or Sanctions for Non-Compliance.
§ 245.80 Remedies or sanctions for non-compliance. 1. Need for remedy or sanction. (a) When material or information is discoverable under this article but is disclosed belatedly, the court shall impose a remedy or sanction that is appropriate and proportionate to the prejudice suffered by the party entitled to disclosure. Regardless of a showing of […]
245.85 – Admissibility of Discovery.
§ 245.85 Admissibility of discovery. The fact that a party has indicated during the discovery process an intention to offer specified evidence or to call a specified witness is not admissible in evidence or grounds for adverse comment at a hearing or a trial.
245.45 – DNA Comparison Order.
§ 245.45 DNA comparison order. Where property in the prosecution’s possession, custody, or control consists of a deoxyribonucleic acid (“DNA”) profile obtained from probative biological material gathered in connection with the investigation of the crime, or the defendant, or the prosecution of the defendant, and the defendant establishes (a) that such profile complies with federal […]
245.50 – Certificates of Compliance; Readiness for Trial.
§ 245.50 Certificates of compliance; readiness for trial. 1. By the prosecution. When the prosecution has provided the discovery required by subdivision one of section 245.20 of this article, except for discovery that is lost or destroyed as provided by paragraph (b) of subdivision one of section 245.80 of this article and except for any […]
245.55 – Flow of Information.
§ 245.55 Flow of information. 1. Sufficient communication for compliance. The district attorney and the assistant responsible for the case, or, if the matter is not being prosecuted by the district attorney, the prosecuting agency and its assigned representative, shall endeavor to ensure that a flow of information is maintained between the police and other […]
245.10 – Timing of Discovery.
§ 245.10 Timing of discovery. 1. (a) Subject to subparagraph (iv) of this paragraph, the prosecution shall perform its initial discovery obligations under subdivision one of section 245.20 of this article as soon as practicable but not later than the time periods specified in subparagraphs (i) and (ii) of this paragraph, as applicable. Portions of […]