Section 23A-13-15 – (Rule 16(c)) Notice to adverse party of newly discovered evidence subject to discovery.
23A-13-15.(Rule 16(c)) Notice to adverse party of newly discovered evidence subject to discovery. If, prior to or during trial, a party discovers additional evidence or material previously requested or ordered, which is subject to discovery or inspection under §§23A-13-1 to 23A-13-14, inclusive, he shall promptly notify the other party or his attorney or the court […]
Section 23A-13-16 – (Rule 16(d)(1)) Restriction of rights of discovery or inspection–Preservation of entire statement for appellate record.
23A-13-16.(Rule 16(d)(1)) Restriction of rights of discovery or inspection–Preservation of entire statement for appellate record. Upon a sufficient showing the court may at any time order that the discovery or inspection be denied, restricted, or deferred, or make such other order as is appropriate. Upon motion by a party, the court may permit the party […]
Section 23A-13-17 – (Rule 16(d)(2)) Remedies on failure of party to comply with discovery requirements–Manner of discovery and inspection.
23A-13-17.(Rule 16(d)(2)) Remedies on failure of party to comply with discovery requirements–Manner of discovery and inspection. If, at any time during the course of a proceeding, it is brought to the attention of a court that a party has failed to comply with an applicable discovery provision, the court may order such party to permit […]
Section 23A-13-18 – (Rule 16(e)) Discovery of alibi witnesses.
23A-13-18.(Rule 16(e)) Discovery of alibi witnesses. Discovery of alibi witnesses is governed by chapter 23A-9. Source: SL 1978, ch 178, §176.
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-13-11 – (Rule 16(a)(3)) Grand jury proceedings not discoverable–Exceptions.
23A-13-11.(Rule 16(a)(3)) Grand jury proceedings not discoverable–Exceptions. Except as provided in chapter 23A-5, §23A-13-1, and subdivision 23A-13-10(3), this title does not relate to discovery or inspection of the recorded proceedings of a grand jury. Source: SL 1978, ch 178, §149.
Section 23A-13-12 – (Rule 16(b)(1)(A)) Defendant’s documentary and tangible evidence discoverable by prosecution.
23A-13-12.(Rule 16(b)(1)(A)) Defendant’s documentary and tangible evidence discoverable by prosecution. If the defendant requests disclosure under §23A-13-3 or 23A-13-4, upon compliance with such request by the prosecuting attorney, the defendant, on written request of the prosecuting attorney, shall permit the prosecuting attorney to inspect and copy or photograph books, papers, documents, photographs, tangible objects, or […]
Section 23A-13-13 – Results of examinations and scientific tests discoverable by prosecution.
23A-13-13. Results of examinations and scientific tests discoverable by prosecution. If the defendant requests disclosure under §23A-13-3 or 23A-13-4, upon compliance with such request by the prosecuting attorney, the defendant, on written request of the prosecuting attorney, shall permit the prosecuting attorney to inspect and copy or photograph any results or reports of physical or […]