As amended through December 11, 2023
Rule 16.2 - Regulation of Discovery(a) Investigations Not To Be Impeded. Except as is otherwise provided as to matters not subject to disclosure and protective orders, neither the attorneys for the parties nor other prosecution or defense personnel shall advise persons having relevant material or information (except the defendant) to refrain from discussing the case with opposing counsel or showing opposing counsel any relevant material, nor shall they otherwise impede opposing counsel's investigation of the case. (b) Continuing Duty To Disclose. If, subsequent to compliance with these rules or orders pursuant thereto, a party discovers additional material or information which is subject to disclosure, the party shall promptly notify the other party or that party's attorney of the existence of such additional material, and if the additional material or information is discovered during trial, the court shall also be notified. (c) Custody of Materials. Any materials furnished to an attorney pursuant to these rules shall be used only for the purposes relating to the preparation and trial of the case, and shall be subject to such other terms and conditions as the court may provide. (d) Protective Orders. Upon a showing of cause, the court may at any time order that specified disclosures be denied, restricted, or deferred, or make such other order as is appropriate, provided that all material and information to which a party is entitled must be disclosed in time to permit the party's attorney to make beneficial use thereof. (e) Excision. When some parts of certain material are discoverable under these rules, and other parts not discoverable, the nondiscoverable parts may be excised by order under subdivision (d) of this rule. Material excised pursuant to judicial order shall be sealed and preserved in the records of the court, to be made available to the Supreme Court in the event of an appeal. (f) In Camera Proceedings. Upon request of any person, the court may permit any showing of cause for denial or regulation of disclosures, or portion of such showing, to be made in camera. A record shall be made of such proceedings. If the court enters an order granting relief following a showing in camera, the entire record of such showing shall be sealed and preserved in the records of the court, to be made available to the Supreme Court in the event of an appeal. (g) Sanctions.(1) 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 an applicable discovery rule or an order issued pursuant thereto, the court may order such party to permit the discovery of material and information not previously disclosed, grant a continuance, or enter such other order as it deems just under the circumstances. (2) Willful violation by counsel of an applicable discovery rule or order issued pursuant thereto may subject counsel to appropriate sanctions by the court. Amended March 12, 2013, eff. 5/13/2013.