Discovery; upon demand of prosecutor

* § 240.30 Discovery; upon demand of prosecutor.

1. Except to the extent protected by court order, upon a demand to
produce by the prosecutor, a defendant against whom an indictment,
superior court information, prosecutor's information, information, or
simplified information charging a misdemeanor is pending shall disclose
and make available for inspection, photographing, copying or testing,
subject to constitutional limitations:

(a) any written report or document, or portion thereof, concerning a
physical or mental examination, or scientific test, experiment, or
comparisons, made by or at the request or direction of, the defendant,
if the defendant intends to introduce such report or document at trial,
or if the defendant has filed a notice of intent to proffer psychiatric
evidence and such report or document relates thereto, or if such report
or document was made by a person, other than defendant, whom defendant
intends to call as a witness at trial; and

(b) any photograph, drawing, tape or other electronic recording which
the defendant intends to introduce at trial.

2. The defense shall make a diligent good faith effort to make such
property available for discovery where it exists but the property is not
within its possession, custody or control, provided, that the defendant
shall not be required to obtain by subpoena duces tecum demanded
material that the prosecutor may thereby obtain.

* NB Repealed January 1, 2020