Ind. Allen Cnty. Crim. Local Rule LR02-TR26-1

In all felony cases, the court has entered the following General Order concerning

pre-trial discovery:

(A) The State shall disclose to the defendant the following material and information on

or before thirty (30) days following the InitialHearing.

(1) The names and last known addresses of persons whom the State may call as

witnesses, together with

(a) their relevant written or recorded statements;

(b) memoranda containing substantially verbatim reports of their oral

statements (if any memoranda exist);

(c) memoranda reporting or summarizing oral statements (if such memoranda exist);

(d) a brief statement indicating the nature of each witness’ involvement in the case;

such statements may be no more than a reference to statements described in

paragraphs(A)(1),(a), (b), or (c) above.

(2) Any written or recorded statements and the substance of any oral statements

made by the accused or by a co-defendant, and a list of witnesses to the making and

acknowledgement of such statements.

(3) A transcript of the recorded grand jury testimony of persons whom the prosecuting

attorney may call as witnesses at a hearing or trial. A typed transcript of said testimony

shall be provided if it is available.

(4) Any reports or statements of experts, made in connection with the particular case,

including results of physical or mental examinations and of scientific tests, experiments

or comparisons.

(5) Any books, papers, documents, photographs, or tangible objects which the

prosecuting attorney intends to use in the hearing or trial or which were obtained from

or belong to the accused, together with the location of such items and an indication of

appropriate means for defense counsel’s examination of same. Under circumstances

where chain of custody issues are readily apparent, such as drug cases, such chain

shall be provided to the extent available on the disclosure date provided above and

shall be supplemented:

(a) upon defendant’s written request;

(b) by pre-trial conference; and

(c) thereafter as ordered to complete such chain.

(6) Any record of prior criminal convictions which may be used for impeachment ofthe

persons whom the State intends to call as witnesses at the hearing or trial.

(7) A copy of any written agreement and the complete substance of any oral

agreement made by the State with

(a) any witnesses to secure their testimony or

(b) any co-defendant or other person charged arising out of the same incident.

(8) Any evidence which tends to negate the guilt of the accused as to the crime

charged or tends to reduce the class of the act alleged or which would tend to mitigate

hispunishment.

(9) Evidence of other crimes which the State intends to use at trial, pursuant to

Rule404, Indiana Rules of Evidence.

(10) Newly discovered material within the above categories shall be provided to

opposing counsel as soon as reasonably possible following discovery of same.

(B)

(1) The State shall perform these obligations in any manner mutually agreeable to the

Prosecutor’s Office and to defense counsel. The State shall provide legible copies of

existing written statements described in paragraphs (A)(1), (2), (3), and (7). Other

items shall be provided for examination, testing, copying, photographing, or other

proper use either by agreement or at specified reasonable times and places. Defense

counsel shall provide reasonable notice of such examination and shall schedule these

examinations in cooperation with the State. An application to the court shall be made to

obtain copies of audio or videotape. Said application shall state in specific terms the

necessity for such copies.

(2) The State shall make a record of compliance with this order not more than five (5)

days after the date set out in paragraph (A) above by filing with the court:

(a) its witness list together with the statement described in (A)(1)(d);

(b) a suitable description of memoranda and items provided, but not necessarily by

providing copies of all such items to the court; and

(c) an indication of arrangements made for inspection, if any.

(C) Subject to constitutional limitations, and not later than thirty (30) days following

the date that the State has provided to the defense the information required under

this rule, defense counsel shall inform the State of any defense which counsel

intends to present at a hearing or trial and shall furnish the State with the following

information within counsel’s possession and control:

(1) The names, last known addresses, dates of birth and social security numbers

of persons defense counsel intends to call as witnesses.

(2) Any books, papers, documents, photographs, or tangible objects which are

intended to be used at a hearing or trial.

(D)

(1) The defense shall perform these obligations in any manner mutually agreeable

to the Prosecutor’s Office and to defense counsel. Defense shall provide the same

documents in a fashion similar to the State’s obligations described in (B)(1).

(2) The defense shall make a record of compliance with this order not more than five

(5) days after the date set out in paragraph (C) above by filing with the court:

(a) its witness list together with the statement described in (C)(1)(a);

(b) a suitable description of items provided for examination, etc.; and

(c) the statement of defense described in (C).

(E) The court anticipates that compliance will be deemed satisfactory unless failure to

comply is brought to the court’s attention by Motion to Compel. Sanctions for failure of

compliance or violations of orders on Motion to Compel shall be pursuant to Trial Rule

37. Prior to the filing of a Motion to Compel counsel shall comply with the provisions of

Trial Rule26(F).

(F) Nothing herein shall limit any party’s right to seek protective orders to avoid

destruction or other loss of evidence, or to seek deposition at such times as they may

desire.

(G) The court may deny disclosure upon showing that:

(1) There is a substantial risk to any person of physical harm, intimidation, bribery,

economic reprisals, or unnecessary annoyance or embarrassment resulting from

such disclosure which outweighs any usefulness of the disclosure to counsel.

(2) There is a paramount interest in non-disclosure of an informant’s identity and a

failure to disclose will not infringe the constitutional rights of the accused. Disclosure

of the identity of witnesses to be produced at a hearing or trial will be required.

(3) Such determination of non-disclosure shall be by the court and shall not be within

the discretion of the State or defense. Such non-disclosure shall be sought by motion

for protective order.

(H) Disclosure shall not be required of:

(1) Any matter otherwise protected by law (however disclosing the identity of

juvenile co- defendants or witnesses shall not be barred because of delinquency

non-disclosure statutes).

(2) Work product of counsel including memoranda of opinions, theories, or

research for themselves or from their legal or in-house investigative staff.

(I) This discovery order is a continuing order through the trial of this cause and no

written motion shall normally be required except to compel discovery, for a protective

order, or for an extension of time.

(J) Failure of either party to engage in and comply with discovery shall not be excused

by the parties’ unsuccessful or incomplete efforts to enter into a plea agreement or

other resolution of the case unless both parties waive in writing

(1) compliance with this order for a specified period of time and

(2) any speedy trialrequirements.

(K) Any cost for reproduction or transcripts under this order shall be borne by the

party to whom the information is provided except that as to pauper counsel defendants

the costs shall be borne by the State orCounty.

(L) The time limits for providing discovery materials to opposing counsel set out at (A)

and (B) herein shall be reduced to fifteen (15) days in the event that the defendant

requests aspeedy trial.

(M) Depositions should be scheduled for, and taken at, the Office of the Allen

Prosecuting Attorney.

(N) Nothing in this Order shall be in contravention of case law or statute.

Adopted as Superior Criminal Rule 13, effective January 1, 1995. Amended effective

March 1, 1996; February 22, 1999, effective July 1, 1999; renumbered as Superior

and Circuit Criminal Rule 81-1, and amended effective December 7, 2006.