(A) Automatic Discovery/General Provisions. The parties must endeavor to share information without court involvement. (1) No written discovery motion is required, except:(a) to compel compliance under this rule;(b) for additional discovery not covered under this rule;(c) for a protective order; or(d) for an extension of time.(2) The parties may comply with discovery obligations in any mutually agreeable manner. The court may resolve disputes over timing and manner of discovery in accordance with Trial Rule 26(F).(3) Absent a showing under Trial Rule 26(B)(3), the following are not subject to disclosure: (a) privileged communications as defined by law; and(b) work product of the parties and their legal or investigative staff.(4) A party has a continuing obligation to disclose supplemental discovery within a reasonable time period.(B) Disclosures by the State(1) The state must disclose and furnish all relevant items and information under section (B)(2) to the defense within thirty days from the date of the initial hearing, an appearance by defense counsel, or an appearance by pro se defendant, whichever is later.(2) The state must disclose the following material and information within its possession or control: (a) The names and last known addresses of persons whom the state intends to call as witnesses, with their relevant written or recorded statements. The state may refrain from providing a witness' address or other contact information under this rule if the state in good faith believes the disclosure of the witness' address or other contact information may jeopardize the safety of the witness or the witness' immediate family. If the state does not disclose the witness' address or other contact information in its possession for the reason stated under this rule, then the state must make the witness available to defense counsel upon reasonable notice.(b) Any written, oral, or recorded statements made by the accused or by a co-defendant, regardless of whether charged or joined, and a list of witnesses to the making and acknowledgement of such statements.(c) A transcript of those portions of grand jury minutes containing testimony of persons whom the prosecuting attorney intends to call as witnesses at the trial.(d) Any reports or statements of experts, made in connection with the case, including results of physical or mental examinations and of scientific tests, experiments, or comparisons.(e) Any books, papers, documents, photographs, or tangible objects that the prosecuting attorney intends to use in the hearing or trial.(f) Any books, papers, documents, photographs, or tangible objects which were obtained from or belong to the accused.(g) Documents produced pursuant to Rule 1.4.(3) The state must disclose to the defense any material or information within its possession or control that tends to negate the guilt of the accused as to the offense charged or would tend to reduce the punishment.(4) The state must disclose and furnish to the defense prior to the trial date, subject to protective orders: any record of prior criminal convictions or other evidence that may be used to impeach the persons whom the state intends to call as witnesses at the hearing or trial.(5) Upon a reasonable defense request and a showing of materiality to the preparation of the defense, the court may require disclosure to the defense of unprivileged information not covered by this rule.(C) Disclosures by the Defense(1) Within thirty days after the prosecutor's disclosure, the defense must furnish the state with the following material and information within the defense's possession or control:(a) The names and last known addresses of persons whom the defense intends to call as witnesses, with their relevant written or recorded statements. The defense may refrain from providing a witness' address or other contact information under this rule if the defense in good faith believes the disclosure of the witness' address or other contact information may jeopardize the safety of the witness or the witness' immediate family. If the defense does not disclose the witness' address or other contact information in its possession for the reason stated under this rule, then the defense must make the witness available to the state upon reasonable notice.(b) Any books, papers, documents, photographs, or tangible objects the defense intends to use as evidence.(c) Any reports or statements of experts, made in connection with the particular case, including results of physical or mental examinations and of scientific tests, experiments, or comparisons, that may be used at a hearing or trial.(2) The defense must disclose any statutory defense in writing by the statutory deadline or, if there is no statutory deadline, within a reasonable time.(D) Court-ordered Disclosures(1) After the formal charge has been filed, upon written motion by the state, the court may require the defendant to do the following:(b) speak for identification by witnesses to an offense;(d) pose for photographs not involving re-enactment of a scene;(e) try on articles of clothing;(f) allow the taking of specimens of material from under fingernails;(g) allow the taking of samples of blood, hair, saliva, and other bodily materials that involve no unreasonable intrusion;(h) provide a handwriting sample; and(i) submit to a reasonable physical or medical body inspection. Whenever the personal appearance of the accused is required for the foregoing purposes, reasonable notice of the time and place of such appearance must be given by the state to the accused and defense counsel, who have the right to be present. The court may provide for these appearances in an order admitting the accused to bail or providing for release.
(2)Post-charge search warrants. After a defendant is charged, the state may obtain a search warrant upon a showing of probable cause and in accordance with applicable law. (a) Applications for warrants post charging may be obtained ex parte and such applications and warrants are confidential until ordered otherwise by the court.(b) Within ten days of service of the search warrant, the state must disclose to the defense the search warrant application (whether or oral or written), the search warrant, and the return.(E) Subpoenas Duces Tecum and Discovery from Non-Parties(1) A party or a third party affected by discovery may request a remedy under Trial Rule 26(C).(2) Any party may, without leave of the court, serve on any person other than the defendant a subpoena duces tecum for the following:(a) to produce and permit the party making the request, or someone acting on the requester's behalf, to inspect and copy, any designated documents or electronically stored information (including, without limitation, writings, drawings, graphs, charts, photographs, sound recordings, images, and other data or data compilations from which information can be obtained or translated, if necessary, by the respondent into reasonably usable form) or to inspect and copy, test, or sample any designated tangible things which constitute or contain matters within the scope of Trial Rule 26(B) and which are in the possession, custody or control of the party upon whom the request is served; or(b) to permit entry upon designated land or other property in the possession or control of the party upon whom the request is served for the purpose of inspection and measuring, surveying, photographing, testing, or sampling the property or any designated object or operation thereon, within the scope of Trial Rule 26(B). A subpoena duces tecum under this rule must not be served upon a non-party until at least fifteen days after the date on which the party intending to serve such request or subpoena serves a copy of the proposed request and subpoena on all other parties. Provided, however, that if such request or subpoena relates to a matter set for hearing within such fifteen day period or arises out of a bona fide emergency, such request or subpoena may be served upon a non-party one day after receipt of the proposed request or subpoena by all other parties. Service is dispensed if the whereabouts of the non-party is unknown. The subpoena duces tecum must set forth the items to be inspected either by individual item or by category and describe each item and category with reasonable particularity. The request may specify the form or forms in which electronically stored information is to be produced. The request must specify a reasonable time, place, and manner of making the inspection and performing the related acts.
A subpoena duces tecum must state that the person to whom it is directed is entitled to security against damages or payment of damages resulting from such request and may respond to such request by submitting to its terms, by proposing different terms, by objecting specifically or generally to the request by serving a written response to the party making the request within twenty days, or by moving to quash as permitted by Trial Rule 45(B).
A party receiving documents from a non-party pursuant to this provision must serve copies on all other parties within fifteen days of receiving the documents.
(F) Restrictions, Limitations, and Sanctions(1)Restrictions on production. Upon motion pursuant to Trial Rule 26(C), discovery provided to an opposing party containing photographs, film, video recordings, or other similar mediums showing a live individual's uncovered genitals, pubic area, buttocks, or female post-pubescent nipple; or showing a live individual engaging in or being subjected to sexual conduct; or any other subject matter sensitive in nature as determined by the court, may be prevented from duplication or distribution, except to facilitate review by a party's expert, who is also bound by these restrictions. (a) Attorneys of record must be the only people in possession of the copies of the restricted discovery.(b) The defendant may view the restricted discovery but is not permitted to have a copy of the restricted discovery.(c) Defense counsel must take reasonable steps to prevent the defendant or any other person from making a copy of the restricted discovery.(2)Restrictions on copies of evidence.(a) The state must not provide copies of evidence illegal to reproduce or distribute, such as child pornography.(b) The state may withhold copies of controlled drug buy videos to which privilege does not apply. Upon defense request, the trial court must order the state to provide a copy of the video in a reasonable time before a case proceeds to trial.(c) Where the state withholds copies, the state must provide a description of the evidence and allow the defense an opportunity to review the evidence.(3)Interrogatories and requests for admission. Trial Rule 33 interrogatories and Trial Rule 36 requests for admission cannot be used in criminal proceedings.(4)Depositions. Parties may take and use depositions of witnesses in accordance with the Rules of Trial Procedure.(a) A party may record a deposition without the use of a stenographer as provided in Trial Rule 30(B)(4).(b) A party may take a deposition through audiovisual telecommunication. The notice must specify that the deposition will be taken through audiovisual telecommunication and provide the link for attendance. Unless the deposition is intended to be introduced in lieu of testimony, the court may not require in person depositions.(5)Sanctions. Any violation of this rule may result in a sanction deemed appropriate by the court, except as limited by rule.Amended June 23, 2023, eff. 1/1/2024.