Rule 16. Discovery and inspection

(a) Information subject to disclosure.

(1) Upon request of a defendant the prosecuting agency shall disclose to the defendant and make available for inspection, copying or photographing, designated books, papers, documents, tangible objects, results of scientific tests or experiments, and relevant written or recorded statements made by the defendant or co-defendants within the possession or control of the prosecuting agency. Discoverable items must be material to the preparation of the defendant's defense or intended for use by the prosecuting agency as evidence in chief at trial.

(2) Upon request, the prosecuting agency shall furnish to defendant a copy of defendant's prior criminal record.

(b) Procedure.

(1) Request. The defendant may serve a request for discovery under this rule not later than 10 days after the defendant's arraignment, or such other time as ordered by the Court, with the prosecuting agency in the county in which the crime is alleged to have been committed. A statement certifying how and when the request was served on the prosecuting agency shall be filed with the Court.

(2) Response. The prosecuting agency shall serve a response within 15 days after service of the request or at such other time as ordered by the Court. The response shall comply with the request or specify any objection to it. The response may specify a reasonable time, place and manner of compliance with the request no later than 10 days before trial. A statement certifying how and when the response was served on the defendant shall be filed with the Court.

(3) Motion to compel. If the prosecuting agency fails to comply with a request, the defendant may move for an order compelling compliance with the request. A motion to compel shall be filed with a Court within 10 days after the time for response, or at such other time as ordered by the court.

(c) Continuing duty to disclose. If, prior to or during trial, a party discovers additional evidence or material previously requested or ordered, which is subject to discovery or inspection under this rule, such party shall promptly notify the other party or that other party's attorney or the Court of the existence of the additional evidence or material.

(d) Failure to comply with a request. If it is brought to the attention of the Court that a party has failed to comply with this rule, the Court, after hearing, may order such party to permit the discovery or inspection, grant a continuance, or prohibit the party from introducing evidence not disclosed, or enter such other order as it deems just under the circumstances. However, failure of the prosecuting agency to comply with a request pursuant to subsection (a)(2) of this rule shall not prohibit the introduction or consideration of a defendant's prior conviction in a sentencing proceeding. The Court may specify the time, place and manner of making the discovery and inspection and may prescribe such terms and conditions as are just.