RULE 12. DISCOVERY
(a) Request for Discovery. On written request, each party of whom discovery is requested must, to the extent not privileged or prohibited by statute or regulation, produce promptly for inspection, copying, or photographing the following information, documents, and material in that party's custody, control, or possession:
(1) the names and last known addresses of each witness to the occurrence that forms the basis of the allegation or defense;
(2) copies of any written statements made by any party or witness;
(3) transcriptions, recordings, and summaries of any oral statements of any party or witness, except the work product of counsel;
(4) any scientific or other reports that a party intends to introduce at the hearing or that pertain to physical evidence that a party intends to introduce;
(5) photographs and any physical evidence which a party intends to introduce at the hearing; and
(6) in deprivation and termination of parental rights proceedings, other evidence favorable to the requesting party and relevant to the subject matter involved in the pending action.
(b) Continuing Duty to Disclose. A party who discovers additional evidence or material must promptly disclose it to the other party or the court if:
(1) the evidence or material is subject to discovery or inspection under this rule; and
(2) the other party previously requested, or the court ordered, its production.
(c) Disclosure Required. In delinquency and unruly child proceedings, the state must disclose to the child's counsel all evidence, known or that may become known to the state, favorable to the child and material either to adjudication or disposition.
(d) Order Granting Discovery; Limitations; Sanctions.
(1) Motion to Compel. If a request for discovery is refused, application may be made to the court for a written order granting the discovery. Motions for discovery must certify that a request for discovery has been made and refused.
(2) Reciprocal Discovery. An order granting discovery may make such discovery reciprocal for all parties to the proceeding, including the party requesting discovery.
(3) Limitations on Discovery. On its own or on a party's motion, the court may deny, limit, or set conditions on discovery if granting discovery may:
(A) jeopardize the safety of a party, witness, or confidential informant;
(B) result in the production of perjured testimony or evidence;
(C) endanger the existence of physical evidence;
(D) violate a privileged communication; or
(E) impede the criminal prosecution of a minor as an adult or of an adult charged with an offense arising from the same transaction or occurrence.
(4) Failure to Comply. If at any time during the course of the proceedings, a party brings to the attention of the court that a person has failed to comply with an order issued under this rule, the court may grant a continuance, prohibit the person from introducing in evidence the material not disclosed, or enter an order appropriate under the circumstances.
Rule 12 was adopted effective __________________.
Juvenile court files and records are not discoverable under this rule. Statutory procedure must be followed to gain access to a juvenile court record.
Sources: Juvenile Policy Board Minutes of February 20, 2009; December 5, 2008; August 8, 2008; May 9, 2008; February 9, 2008; September 21, 2007; April 20, 2007.
Considered: N.D.C.C. 27-21-12; 27-20-51
Cross Reference: N.D.Sup.Ct.Admin.R. 19 (Court Records Management Program).