Section 240.30. Discovery; upon demand of prosecutor  


Latest version.
  • 1.  Except  to  the  extent protected by court order, upon a demand to
      produce by the prosecutor,  a  defendant  against  whom  an  indictment,
      superior  court  information,  prosecutor's information, information, or
      simplified information charging a misdemeanor is pending shall  disclose
      and  make  available  for inspection, photographing, copying or testing,
      subject to constitutional limitations:
        (a) any written report or document, or portion thereof,  concerning  a
      physical  or  mental  examination,  or  scientific  test, experiment, or
      comparisons, made by or at the request or direction of,  the  defendant,
      if  the defendant intends to introduce such report or document at trial,
      or  if the defendant has filed a notice of intent to proffer psychiatric
      evidence and such report or document relates thereto, or if such  report
      or  document  was made by a person, other than defendant, whom defendant
      intends to call as a witness at trial; and
        (b) any photograph, drawing, tape or other electronic recording  which
      the defendant intends to introduce at trial.
        2.    The defense shall make a diligent good faith effort to make such
      property available for discovery where it exists but the property is not
      within its possession, custody or control, provided, that the  defendant
      shall  not  be  required  to  obtain  by  subpoena  duces tecum demanded
      material that the prosecutor may thereby obtain.