As amended through June 7, 2024
Rule 16 - Discovery and inspection(a) Defendant's Statements; Reports of Examination and Tests; Defendant's Grand Jury Testimony. Upon motion of a defendant the court may order the attorney for the State to permit the defendant to inspect and copy or photograph any relevant (1) written or recorded statements or confessions made by the defendant, or copies thereof, within the possession, custody or control of the State, the existence of which is known, or by the exercise of due diligence may become known, to the attorney for the State, (2) written or recorded statements or confessions, or written summaries of oral statements or confessions, or copies thereof, which the State intends to introduce at trial and which were made by a co-defendant who is to be tried together with the moving defendant; (3) results or reports of physical or mental examinations, and of scientific tests or experiments made in connection with the particular case, or copies thereof, within the possession, custody or control of the State, the existence of which is known, or by the exercise of due diligence may become known, to the attorney for the State, and (4) recorded testimony, if any, before a grand jury of the defendant, or in the case of a corporate defendant, of any present or former officer or employee of the defendant corporation concerning activities carried on, or knowledge acquired, within the scope of or reasonably relating to his or her employment. (b) Other Books, Papers, Documents, Tangible Objects or Places. Upon motion of a defendant the court may order the attorney for the State to permit the defendant to inspect and copy or photograph books, papers, documents, photographs, tangible objects, buildings or places, or copies or portions thereof which are within the possession, custody or control of the State, upon a showing of materiality to the preparation of the defendant's defense and that the request is reasonable. Except as provided in subdivision (a)(3), this rule does not authorize discovery or inspection of reports, memoranda or other internal State documents made by State agents in connection with the investigation or prosecution of the case, or of statements made by State witnesses or prospective State witnesses (other than the defendant or a co-defendant who is to be tied together with the moving defendant) to agents of the State except as provided in Rule 26.1. (c) Discovery by the State. If the court grants relief sought by the defendant under subdivision (a)(3) or subdivision (b) of this rule, it may, upon motion of the State, condition its order by requiring that the defendant permit the State to inspect and copy or photograph scientific or medical reports, books, papers, documents, tangible objects, or copies or portions thereof, which the defendant intends to produce at the trial and which are within the defendant's possession, custody or control, upon a showing of materiality to the preparation of the State's case and that the request is reasonable. Except as to scientific or medical reports, this subdivision does not authorize the discovery or inspection of reports, memoranda, or other internal defense documents made by the defendant, or the defendant's attorneys or agents in connection with the investigation or defense of the case, or of statements made by the defendant or a co-defendant, or by State or defense witnesses, or by prospective State or defense witnesses, to the defendant, the defendant's agents or attorneys. (d) Time, Place and Manner of Discovery and Inspection. An order of the court granting relief under this rule shall specify the time, place and the manner of making the discovery and inspection permitted and may prescribe such terms and conditions as are just. (e) Protective Orders. 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 the State the court may permit the State to make such showing, in whole or in part, in the form of a written statement to be inspected by the court in camera. If the court enters an order granting a protective order, and the defendant is found guilty and appeals to the Superior Court for a trial de novo, the Superior Court shall not be bound by a prior determination of the District Court restricting discovery. (f) Time of Motions. A motion under this rule may be made only within fifteen (15) days after arraignment or at such reasonable later time as the court may permit. The motion shall include all relief sought under this rule. A subsequent motion may be made only upon a showing of cause why such motion would be in the interest of justice. (g) Continuing Duty to Disclose; Failure to Comply. If, subsequent to compliance with an order issued pursuant to this rule, and prior to or during trial, a party discovers additional material previously requested or ordered which is subject to discovery or inspection under the rule, the party shall promptly notify the other party or the other party's attorney or the court of the existence of the additional material. If at any time during the course of the proceedings it is brought to the attention of the court that a party has failed to comply with this rule or with an order issued pursuant to this rule, the court may order such party to permit the discovery or inspection of materials not previously disclosed, grant a continuance, or prohibit the party from introducing in evidence the material not disclosed, or it may enter such other order as it deems just under the circumstances. R.I. Dist. R. Crim. P. 16