Rule 14.2. Pretrial Discovery Procedures

(a) Authority of Rules; Stays. Rule 14(b) and Rule 14.1 shall have the force and effect of a court order, and failure to provide discovery pursuant to them may result in application of any sanctions permitted for non-compliance with a court order under this rule. However, if in the judgment of either party good cause exists for declining to make any of the disclosures set forth above, it may move for a protective order pursuant to Rule 14.2(g) and production of the item shall be stayed pending a ruling by the court.

(b) Record of Court Activity of the Defendant, Codefendants, and Prosecution Witnesses. Upon request made in such form as the court may prescribe, the court shall order the Probation Service to provide the defendant with the record of court activity of all defendants and all witnesses identified pursuant to Rules 14, 14.1, and 14.3.

(c) Notice and Preservation of Evidence.

(1) Upon receipt of information that any item described in Rule 14(b) exists that is not within the possession, custody, or control of the prosecutor, the prosecuting office, or the prosecution team as defined in Rule 14(a)(1), the prosecutor shall notify the defendant of the existence of the item and all information known to the prosecutor concerning the item's location and the identity of any persons possessing it.

(2) At any time, a party may move for an order to any individual, agency or other entity in possession, custody or control of items pertaining to the case, requiring that such items be preserved for a specified period of time. The judge shall hear and rule upon the motion expeditiously. The judge may modify or vacate such an order upon a showing that preservation of particular evidence will create significant hardship, on condition that the probative value of said evidence is preserved by a specified alternative means.

(d) Motions for Discovery. The defendant may move, and following its filing of the Certificate of Compliance, the prosecutor may move, for discovery of other material and relevant evidence not required by Rule 14(b) or Rule 14 within the time allowed by Rule 13(d)(1).

(e) Certificate of Compliance. When a party has provided all discovery required by Rule 14 or Rule 14.1 or by court order, it shall promptly file with the court a Certificate of Compliance. The certificate shall state that, to the best of its knowledge and after reasonable inquiry, the party has disclosed and made available all items and information subject to discovery other than reports of experts, and shall identify each item provided. If further discovery is subsequently provided, a supplemental certificate shall be filed with the court identifying the additional items or information provided.

(f) Work Product. Unless otherwise required by law or court order, this rule does not authorize discovery by a party of those portions of records, reports, correspondence, memoranda, or internal documents of the adverse party which are only the legal research, opinions, theories, or conclusions of the adverse party or its attorney and legal staff, or of statements of a defendant, signed or unsigned, made to the attorney for the defendant or the attorney's legal staff. This definition of work product does not include any items or information that the prosecutor is obligated to disclose as items or information favorable to the defense.

(g) Protective Orders. Upon a sufficient showing, the judge may at any time order that the discovery or inspection be denied, restricted, or deferred, or make such other order as is appropriate. The judge may alter the time requirements of Rules 14, 14.1, or 14.2. The judge may, for cause shown, grant discovery to a defendant on the condition that the material to be discovered be available only to counsel for the defendant. This provision does not alter the allocation of the burden of proof with regard to the matter at issue, including privilege.

(h) Amendment of Discovery Orders. Upon motion of either party made subsequent to an order of the judge pursuant to Rules 14, 14.1, or 14.2, the judge may alter or amend the previous order or orders as the interests of justice may require. The judge may, for cause shown, affirm a prior order granting discovery to a defendant upon the additional condition that the material to be discovered be available only to counsel for the defendant.

(i) Waiver. A party may waive the right to discovery of an item, or to discovery of the item within the time provided in Rules 14, 14.1, and 14.2. The parties may agree to reduce or enlarge the items subject to discovery pursuant to Rules 14 and 14.1. Any such waiver or agreement shall be in writing and signed by the waiving party or the parties to the agreement, shall identify the specific items included, and shall be served upon all the parties.

(j) Sanctions for Noncompliance.

(1) Relief for nondisclosure. For failure to comply with any discovery order issued or imposed pursuant to this rule, the judge may make a further order for discovery, grant a continuance, or enter such other order as the judge deems just under the circumstances, including but not limited to the exclusion of evidence, adverse jury instructions, dismissal of charges with or without prejudice, contempt proceedings, and other sanctions.

(2) Exclusion of evidence. The judge may in an exercise of discretion exclude evidence for noncompliance with a discovery order issued or imposed pursuant to this rule. Testimony of the defendant and evidence concerning the defense of lack of criminal responsibility which is otherwise admissible cannot be excluded except as provided by Rule 14.4. Adopted November 26, 2024, effective March 1, 2025.