§ 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 […]
§ 245.20 Automatic discovery. 1. Initial discovery for the defendant. The prosecution shall disclose to the defendant, and permit the defendant to discover, inspect, copy, photograph and test, all items and information that relate to the subject matter of the case and are in the possession, custody or control of the prosecution or persons under […]
§ 245.25 Disclosure prior to certain guilty pleas. 1. Pre-indictment guilty pleas. Upon a felony complaint, where the prosecution has made a pre-indictment guilty plea offer requiring a plea to a crime, the prosecutor must disclose to the defense, and permit the defense to discover, inspect, copy, photograph and test, all items and information that […]
§ 245.30 Court orders for preservation, access or discovery. 1. Order to preserve evidence. At any time, a party may move for a court order to any individual, agency or other entity in possession, custody or control of items which relate to the subject matter of the case or are otherwise relevant, requiring that such […]
§ 245.35 Court ordered procedures to facilitate compliance. To facilitate compliance with this article, and to reduce or streamline litigation of any disputes about discovery, the court in its discretion may issue an order: 1. Requiring that the prosecutor and counsel for the defendant diligently confer to attempt to reach an accommodation as to any […]
§ 245.40 Non-testimonial evidence from the defendant. 1. Availability. After the filing of an accusatory instrument, and subject to constitutional limitations, the court may, upon motion of the prosecution showing probable cause to believe the defendant has committed the crime, a clear indication that relevant material evidence will be found, and that the method used […]
§ 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. 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. 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 […]
§ 245.60 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. 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. 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. 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. 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. 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.
