As amended through January 26, 2024
2.14(1)Disclosure of evidence by the state upon defense request or motion.a. Disclosure required upon request.(1) Upon a filed pretrial request by the defendant, the prosecuting attorney shall permit the defendant to inspect and copy:1. Any relevant written or recorded statements made by the defendant, within the possession, custody, or control of the prosecuting attorney or investigating law enforcement agency unless those statements were included with the minutes of testimony accompanying the indictment.2. The substance of any oral statement made by the defendant, which the state intends to offer in evidence at the trial, including any record of same.3. The transcript or record of testimony of the defendant before a grand jury.(2) When two or more defendants are jointly charged, upon the filed request of any defendant, the prosecuting attorney shall permit the defendant to inspect and copy any written or recorded statements and the substance of any oral statements of a codefendant that the state intends to offer in evidence at trial.(3) Upon the filed request of the defendant, the state shall permit the defendant to inspect a copy of the defendant's prior criminal record, if any.b. Discretionary discovery. Upon motion of the defendant, the court may order the prosecuting attorney to permit the defendant to inspect, copy, and photograph, and, where appropriate, subject to scientific tests:(1) Items seized by the state in connection with the alleged crime.(2) Any results or reports of physical or mental examinations and scientific tests or experiments made in connection with the particular case, within the possession, custody, or control of the state.(3) Writings, recordings, photographs, or tangible objects within the possession, custody, or control of the prosecuting attorney or investigating law enforcement agency, which are material to the preparation of the defense, or are intended for use by the state as evidence at the trial, or were obtained from or belong to the defendant. This includes the transcript or record of any grand jury testimony given by a witness who is expected to testify in the government's case-in-chief.2.14(2)Disclosure of evidence by the defendant. If the court grants the relief sought by the defendant under rule 2.14(1) (b), the defendant shall have a duty to permit the state to inspect and copy:a. Writings, recordings, photographs, or tangible objects, including statements other than those of the defendant that are not privileged and are within the possession, custody, or control of the defendant, and which the defendant intends to introduce in evidence at trial.b. Any results or reports of physical or mental examinations and scientific tests or experiments made in connection with the particular case, within the possession or control of the defendant, which the defendant intends to introduce in evidence at the trial, or which were prepared by a witness whom the defendant intends to call at the trial when such results or reports relate to the witness's testimony.2.14(3)Continuing duty to disclose. If following the issuance of an order under this rule, a party discovers additional evidence or decides to use additional evidence that would be subject to discovery under the same order, the party shall promptly disclose the evidence to the other party.2.14(4)Regulation of discovery.a. Protective orders. For good cause shown, the court may order the discovery or inspection be denied, restricted, or deferred, or make such other order as is appropriate.b. Failure to comply. If a party fails to comply with this rule or with an order issued pursuant to this rule, the court may, upon timely application, order such party to permit the discovery or inspection, grant a continuance, prohibit the party from introducing any evidence not disclosed, or enter such other order as it deems just under the circumstances.66GA, ch 1245(2), § 1301; 67GA, ch 153, § 39, 40, 41; amendment 1981; Report November 9, 2001, effective 2/15/2002; Court Order October 14, 2022, effective 7/1/2023.