Rule 3 - [Effective until June 1, 2018] Discovery and Inspection - Abuse and Neglect, Delinquency, and CHINS (Child in Need of Supervision) (a) Scope of Section. This section applies to proceedings in which by petition, a child is alleged to be delinquent, abused or neglected, or in need of supervision. (b) Discovery by the State. The State shall without the necessity of a request by the Respondent or the guardian ad litem, and within thirty (30) days of service of the applicable petition, furnish to the Respondent and guardian ad litem: 1. Any material or information within the knowledge, possession or control of the State which tends to negate the involvement of the Respondent as to the offense charged; 2. Any relevant material or information regarding (a) specific searches and seizures; (b) the acquisition of statements made by the Respondent; and (c) prehearing identification of the Respondent by a witness for the State; 3. The name and address of each person the State intends to call as a witness at any hearing to prove its case in chief or to rebut alibi testimony to the extent then known; 4. All statements made by the Respondent to a State agent which the State intends to use at a hearing: (a) A copy of each written or recorded statement; and (b) The substance of each oral statement and a copy of all reports of each oral statement; 5. All statements made by a Co-Respondent to a State agent which the State intends to use at a hearing, unless a severance has been ordered by the court: (a) A copy of each written or recorded statement; and (b) The substance of each oral statement and a copy of all reports of each oral statement; 6. Any written reports or statements made in connection with the particular case by each expert consulted by the State, if the State intends to offer the testimony of the expert or the report at any hearing, including the written substance of any oral reports and conclusions made in connection with the particular case by each expert consulted by the State; the results of any physical or mental examination, scientific test, experiment or comparison; and all information on which the expert's opinion is based; 7. Any book, paper, document, recording, photograph and any tangible object which the State intends to use at any hearing, in order to permit the Respondent to inspect, copy and/or photograph them; 8. Any item obtained from or belonging to the Respondent which the State intends to use at any hearing, in order to permit the Respondent to inspect, copy and/or photograph it; 9. The State's obligations under this section extend to material and information in the possession or control of members of the prosecutor's staff and of any others who have participated in the investigation or evaluation of the case and who either regularly report or with reference to the particular case have reported to his office; and 10. Records created or held by the Department of Family Services (DFS) may be subject to discovery in proceedings in juvenile court, pursuant to this Rule. Respondent or the guardian ad litem shall request discovery of DFS records through the State. Upon a request for discovery, DFS shall provide its records to the State and guardian ad litem. The State may, pursuant to this rule, provide the records to the Respondent and the guardian ad litem, or may contest the discovery request pursuant to these Rules. Discovery requests concerning Child Protection records are further subject to the provisions of Wyo. Stat. Ann. § 14-3-214, and access to such records may be limited pursuant to such statutory section. This Rule is specific to discovery requests in juvenile court proceedings and does not relate to discovery of DFS records in other types of proceedings. (c) Compliance by the State. The State may comply with this rule by advising the Respondent and the guardian ad litem in writing or on the record, that the Respondent and the guardian ad litem may inspect the discoverable portions of the State's file and by allowing such inspection to occur at any time during normal business hours. However, if the State has any exculpatory information specified in this Rule, the State shall promptly furnish such information to the Respondent and the guardian ad litem, whether or not the Respondent or the guardian ad litem has made the inspection provided for by that subsection. (d) Matters Not Subject to Discovery. This section does not require a party to disclose: 1. Any documents to the extent that they contain the opinions, theories, conclusions, or other work product; 2. The identity of a confidential informant of the State, so long as the failure to disclose the informant's identity does not infringe on a constitutional right of the Respondent, and the State does not intend to call the informant as a witness; and 3. Any matter which the court orders need not be disclosed. (e). Discovery by Other Parties. 1. Upon the written request of the State or the guardian ad litem, when pertinent to the issues and upon a showing of good cause, the court may order the Respondent to: (a) Appear in a lineup for identification; (b) Speak for identification; (c) Be fingerprinted, or if the Respondent is a juvenile, be fingerprinted pursuant to Wyo. Stat. Ann. § 14-6-240; (d) Pose for photographs not involving reenactment of a scene, or if the Respondent is a juvenile, be photographed pursuant to Wyo. Stat. Ann § 14-6-240; (e) Try on articles of clothing; (f) Permit the taking of specimens of material under his fingernails; (g) Permit the taking from his body of samples of blood, hair, and other material involving no unreasonable intrusion upon his person; (h) Provide specimens of his handwriting; or (i) Submit to a reasonable physical inspection of his body or a mental examination, or if the Respondent is a juvenile, physical or mental examinations may be ordered pursuant to Wyo. Stat. Ann § 14-6-419; 2. Upon written request of the State or the guardian ad litem, the Respondent shall: (a) Produce the names and address of each person the Respondent intends to call as a witness at any hearing; (b) Produce and permit the State and the guardian ad litem to inspect and copy all written reports made in connection with the particular case by each expert the Respondent intends to call as a witness at the hearing, including the substance of any oral report and conclusion made in connection with the particular case by an expert which the Respondent intends to use at the hearing and the results of any physical or mental examination, scientific test, experiment, or comparison; and (c) Furnish, upon designation by the State of the time, place and date of the alleged occurrence, the name and address of each witness other than the Respondent whom the Respondent intends to call as a witness to show he was not present at the time, place and date designated by the State or the guardian ad litem in its request. (f) Procedure for Discovery, Time. The State shall make the disclosure required under this Rule, and may request reciprocal discovery within thirty (30) days from the service of the petition. The Respondent and the guardian ad litem shall furnish the discovery required under this Rule within thirty (30) days after a request is made. The court, for good cause shown, may extend the time for discovery. If discovery is not furnished as required, a motion to compel discovery may be filed which shall specify the items which have not been furnished. A hearing shall be held no later than three (3) days after the motion is filed. If, at any time during the proceedings, it is brought to the attention of the court that a party has failed to comply with this Rule or an order issued under this Rule, the court may: 1. Order such party to permit the discovery of the matters not previously disclosed; 2. Strike the testimony to which the undisclosed matter relates; 3. Grant a reasonable continuance; 4. Prohibit the party from introducing in evidence the matter not disclosed; 6. Enter such other order as may be appropriate under the circumstances. (g) Continuing Duty to Disclose. If, subsequent to compliance with a request made under this Rule or with any order compelling discovery, a party learns of additional information previously requested and required to be furnished, he shall promptly furnish the information to the other party or his counsel. If the additional information is learned during a hearing, he shall, in addition to furnishing the information promptly to the other party or his counsel, notify the court that such matter is being furnished. (h) Protective Orders. On motion and a showing of good cause, the court may order that specified disclosures be restricted. (i) Other Orders. In any proceeding, the court may, upon good cause shown, pass such orders in aid of discovery, and inspection of evidence as justice may require. (j) Timely Disclosure Required. All matters and information to which a party is entitled must be disclosed in time to permit its beneficial use. Adopted February 9, 2007, effective July 1, 2007; amended March 25, 2008, effective July 1, 2008.