As amended through June 7, 2024
Rule 26.1 - Statements of Witnesses(a)Production of Statements. If pre-trial discovery pursuant to Rule 16 has not occurred, after a witness other than the defendant has testified on direct examination, the court, on motion of a party who did not call the witness, shall order the attorney for the prosecuting authority or the defendant and the defendant's attorney, as the case may be, to produce, for the examination and use of the moving party, any statement (as defined in subdivision (e)) of the witness that is in their possession or under their control, and that relates to the subject matter concerning which the witness has testified. If the entire contents of the statement relate to the subject matter of the testimony of the witness, the court shall order that the statement be delivered to the moving party. Upon delivery of the statement to the moving party, the court in its discretion, upon application of that party, may recess the proceedings for such time as it may determine to be reasonably required for the moving party to examine the statement and prepare to use it in the proceedings.(b)Privileged or Unrelated Matter. If the other party claims that any statement ordered to be produced under this rule contains privileged information or matter that does not relate to the subject matter of the testimony of the witness, the court shall order that the statement be delivered to the court in camera. Upon inspection, the court shall excise the portions of the statement that are privileged or that do not relate to the subject matter of the testimony of the witness, and shall order that the statement, with such material excised, be delivered to the moving party. If any portion of a statement is withheld from the defendant and the defendant objects to such withholding, and the trial is continued to an adjudication of the guilt of the defendant, the entire text of the statement shall be preserved by the attorney for the prosecuting authority and, in the event the defendant appeals, shall be made available to the Supreme Court for the purpose of determining the correctness of the ruling of the trial court.(c)Sanction for Failure to Produce Statement. If the other party elects not to comply with an order to deliver a statement to the moving party, the court shall order that the testimony of the witness be stricken from the record and that the proceeding continue, or, if it is the attorney for the prosecuting authority who elects not to comply during a trial, shall declare a mistrial if required by the interest of justice.(d)Production of Criminal Records. If pre-trial discovery pursuant to Rule 16 has not occurred, after a witness called by the prosecuting authority has testified on direct examination, the court shall, on motion of the defendant, order the attorney for the prosecuting authority to provide the defendant with a written statement of all criminal convictions of the witness that are known to the attorney for the prosecuting authority or are contained in the files of the Attorney General's Bureau of Criminal Identification.(e)Statement Defined. The term "statement," as used in subdivisions (a), (b), and (c) of this rule, means the following: (1) A written statement made by the witness that is signed or otherwise adopted or approved by the witness;(2) A substantially verbatim recital of an oral statement made by the witness that is recorded contemporaneously with the making of the oral statement and that is contained in a stenographic, mechanical, electrical, or other recording, or a transcription thereof; or(3) A statement, however taken or recorded, or a transcription thereof, made by the witness to a grand jury.(f)Scope of Rule. This rule applies at trial and at pre-trial hearings, such as suppression hearings, and post-trial proceedings, such as sentencing proceedings, hearings to revoke or modify probation, and other post-conviction proceedings.R.I. Fam. R. Crim. P. 26.1