Rule 40-5. Failure To Comply with Disclosure

If a party fails to comply with disclosure as required under these rules, the opposing party may move the judicial authority for an appropriate order. The judicial authority hearing such a motion may enter such orders and time limitations as it deems appropriate, including, without limitation, one or more of the following:

(1) Requiring the noncomplying party to comply;

(2) Granting the moving party additional time or a continuance;

(3) Relieving the moving party from making a disclosure required by these rules;

(4) Prohibiting the noncomplying party from introducing specified evidence;

(5) Declaring a mistrial;

(6) Dismissing the charges;

(7) Imposing appropriate sanctions on the counsel or party, or both, responsible for the noncompliance; or

(8) Entering such other order as it deems proper.

Committee Notes

(P.B. 1978-1997, Sec. 735A.)