Rule 509 - [Effective 1/1/2025] Identity of Informant(a) Rule of privilege. The United States or a state or subdivision thereof has a privilege to refuse to disclose the identity of a person who has furnished information relating to or assisting in an investigation of a possible violation of a law to a law enforcement officer or member of a legislative committee or its staff conducting an investigation. (b) Who may claim. The privilege may be claimed by an appropriate representative of the public entity to which the information was furnished. (c) Exceptions.(1)Voluntary disclosure; informant a witness. No privilege exists under this rule (A) if the identity of the informant or the informant's interest in the subject matter of the informant's communication has been disclosed by a holder of the privilege or by the informant's own deliberate action to those who would have cause to resent the communication, or (B) if the informant testifies as a witness for the government. (2)Testimony on relevant issue. If it appears in the case that an informant may be able to give testimony relevant to any issue in a criminal case or to a fair determination of a material issue on the merits in a civil case to which a public entity is a party, and the informed public entity invokes the privilege, the court shall give the public entity an opportunity to show in camera facts relevant to determining whether the informant can, in fact, supply that testimony. The showing will ordinarily be in the form of affidavits, but the court may direct that testimony be taken if it determines that the matter cannot be resolved satisfactorily upon affidavit. If the court determines there is a reasonable probability that the informant can give the testimony, and the public entity elects not to disclose the informant's identity, in criminal cases the court on motion of the defendant or on its own motion shall grant appropriate relief, which may include one or more of the following: requiring the prosecuting attorney to comply, granting the defendant additional time or a continuance, relieving the defendant from making disclosures otherwise required of the defendant, prohibiting the prosecuting attorney from introducing specified evidence, and dismissing charges. In civil cases, the court may make any order the interests of justice require. Evidence submitted to the court shall be sealed and preserved to be made available to the appellate court in the event of an appeal, and the contents shall not otherwise be revealed without consent of the informed public entity. All counsel and parties are permitted to be present at every state of proceedings under this paragraph except a showing in camera at which no counsel or party shall be permitted to be present. Amended Aug. 12, 2024, effective 1/1/2025. Reporter's Notes-2025 Amendment
Rule 509 is amended to remove gendered pronouns. In Rule 509(a), the article "a" is deleted so the sentence reads "violation of law." No substantive change is intended.