Section 23A-13-7 – Prior statements of prosecution witnesses subject to discovery after direct examination.
23A-13-7. Prior statements of prosecution witnesses subject to discovery after direct examination. After a witness called by the prosecuting attorney has testified on direct examination, the court shall, on motion of the defendant, order the prosecuting attorney to produce any statement, as defined in §23A-13-10, of the witness in the possession of the prosecuting attorney […]
Section 23A-13-8 – Excision from statement of prosecution witness of matter not testified to–Delivery to defendant–Preservation of entire statement for appeal–Recess to permit examination by defendant.
23A-13-8. Excision from statement of prosecution witness of matter not testified to–Delivery to defendant–Preservation of entire statement for appeal–Recess to permit examination by defendant. If the prosecuting attorney claims that any statement ordered to be produced under §§23A-13-6 to 23A-13-10, inclusive, contains matter which does not relate to the subject matter of the testimony of […]
Section 23A-13-9 – Testimony stricken when prosecution elects not to produce prior statement–Mistrial.
23A-13-9. Testimony stricken when prosecution elects not to produce prior statement–Mistrial. If the prosecuting attorney elects not to comply with an order of the court under §§23A-13-7 and 23A-13-8 to deliver to the defendant any such statement, or such portion thereof as the court may direct, the court shall strike from the record the testimony […]
Section 23A-13-10 – Kinds of prior statements subject to discovery by defendant.
23A-13-10. Kinds of prior statements subject to discovery by defendant. The term “statement” as used in §§23A-13-7 to 23A-13-9, inclusive, in relation to any witness called by the prosecuting attorney, means: (1)A written statement made by such witness and signed or otherwise adopted or approved by him; (2)A stenographic, mechanical, electrical, or other recording, or […]
Section 23A-13-1 – (Rule 16(a)(1)(A)) Prosecution evidence discoverable by defendant–Statements of employees of corporate defendants.
23A-13-1.(Rule 16(a)(1)(A)) Prosecution evidence discoverable by defendant–Statements of employees of corporate defendants. Upon written request of a defendant the prosecuting attorney shall permit the defendant to inspect and copy or photograph: (1)Any relevant written or recorded statements made by the defendant or copies thereof, within the possession, custody, or control of the state, the existence […]
Section 23A-13-2 – (Rule 16(a)(1)(B)) Copy of prior criminal record furnished to defendant on request.
23A-13-2.(Rule 16(a)(1)(B)) Copy of prior criminal record furnished to defendant on request. Upon written request of the defendant, the prosecuting attorney shall furnish to the defendant such copy of his prior criminal record, if any, as is within the possession, custody, or control of the prosecuting attorney, and the existence of which is known, or […]
Section 23A-13-3 – (Rule 16(a)(1)(C)) Defendant’s right to inspect and copy documentary and tangible evidence.
23A-13-3.(Rule 16(a)(1)(C)) Defendant’s right to inspect and copy documentary and tangible evidence. Upon written request of the defendant, the prosecuting attorney shall permit the defendant to inspect and copy or photograph books, papers, documents, photographs, tangible objects, buildings, or places, or copies or portions thereof, which are within the possession, custody, or control of the […]
Section 23A-13-4 – (Rule 16(a)(1)(D)) Defendant’s right to inspect and copy results of examinations or scientific tests.
23A-13-4.(Rule 16(a)(1)(D)) Defendant’s right to inspect and copy results of examinations or scientific tests. Upon written request of a defendant, the prosecuting attorney shall permit a defendant to inspect and copy or photograph any results or reports of physical or mental examinations, and of scientific tests or experiments, or copies thereof, which are within the […]