Section 240.70. Discovery; sanctions; fees  


Latest version.
  • 1.    If,  during the course of discovery proceedings, the court finds
      that a party has failed to comply with any of  the  provisions  of  this
      article,  the  court  may  order  such  party to permit discovery of the
      property  not  previously  disclosed,  grant  a  continuance,  issue   a
      protective  order,  prohibit the introduction of certain evidence or the
      calling of certain witnesses or take any other appropriate action.
        2.  The failure of the prosecution to  call  as  a  witness  a  person
      specified in subdivision one of section 240.20 of this article or of any
      party to introduce disclosed material at the trial shall not, by itself,
      constitute  grounds for any sanction or for adverse comment thereupon by
      any party in summation to the jury or at any other point.
        3.   A fee for copies of records  required  to  be  disclosed  may  be
      charged.   Such fee shall not exceed twenty-five cents per photocopy not
      in excess of nine inches by fourteen  inches,  or  the  actual  cost  of
      reproducing  any  other record, except when a different fee is otherwise
      prescribed by law.