Ind. Elkhart Cnty. Local Rule LR20-CR00-CRDD-306

306.1. General Discovery

A. Unless circumstances exist that justify an in-camera review, in any criminal case, each party shall

routinely provide copies of the following:

1. The names, dates of birth and last-known addresses of all persons whom that party may call

as witnesses, together with any written or recorded statements the person may have made, any

memoranda containing substantially verbatim reports of any oral statements the person may have

made, or, if neither exists, a summary of the anticipated testimony of each potential witness.

2. Copies of statements of any co-defendant.

3. Copies of reports of experts made in connection with the case, including results of physical

or mental examinations, scientific tests, experiments, or comparisons.

4. Any books, papers, documents, photographs, videotapes, audio recordings, or tangible

objects which the party may introduce at hearing or trial.

5. A record of prior criminal convictions of any witnesses called by that party.

B In addition to the matters described in Section A of this Rule, the State shall disclose:

1. Copies of any written or recorded statements made by the defendant, summaries of any oral

statements made by the defendant, and a list of witnesses to the making and acknowledgment of

such statements; and

2. Any other evidence which tends to negate the guilt of the defendant as to the offense

charged or to mitigate the punishment of the defendant upon conviction.

3. In addition to the matters described in Section A of this Rule, the defendant shall disclose

any defense, procedural or substantive, which the defendant intends to assert at hearing or trial.

4. A party seeking discovery shall prepare any discovery document so that answers may be

made on the original discovery document or if an electronic document in such format that

answers may be added to the electronic document. Discovery requests and responses shall not be

filed with the Court or Clerk unless a dispute arises regarding said discovery.

5. Providing discoverable material shall be a continuing obligation of all parties and each party

shall promptly provide any new material for which disclosure is required under this rule.

6. A court may make more specific orders for additional discovery after a hearing on any

appropriate motion filed by either party.

7. A court may exclude from evidence any materials not properly disclosed to the other party

unless the interest of justice so dictates and may impose further sanctions for any party's

unjustified failure to comply with this rule.

306.2. Written Motion

No written motion is required for Discovery, except:

A. To compel compliance under this Rule.

B. For additional discovery not covered under this Rule.

C. For a protective order; or

D. For an extension of time.

306.3. Witness and Exhibit Lists

Ten (10) days before the commencement of the trial of any criminal case which is a first or second setting:

1) Each attorney shall provide opposing counsel an opportunity to inspect and copy all exhibits which that

party intends to introduce into evidence during the trial. All documents stipulated to be admissible shall be

prepared so that the court and each juror shall have a packet of stipulated exhibits at the beginning of the

trial; and

2) Each party shall provide the court and each opposing counsel a final written list of names and addresses

of that party's witnesses, as well as a written list of exhibits.

If without just cause the exhibits and lists are not exchanged, stipulated to, or provided, then the exhibits

or witnesses may not be allowed to be used during the trial.

306.4. Notice Required

Each side, within the time allowed for compliance with discovery under the Indiana Trial Rules, shall

provide the other with notice of its intent to introduce evidence pursuant to Indiana Rule of Evidence

404(b), 609(b), or any other Rule which requires notices as a prerequisite to the admission of evidence. All

notices shall be filed thirty (30) days prior to the commencement of trial, unless good cause is shown.

306.5. Waiver

Although each side has a right to full discovery under this Rule, each side has a corresponding duty to

seek out discovery. Failure to do so may result in the waiver of this right.

306.6. Requirements of Defendants

After the formal charge has been filed, upon written motion by the State and hearing, the Court may

require the accused, among other things, to:

A. Appear in a lineup.

B. Speak for identification by witnesses to an offense.

C. Be fingerprinted.

D. Pose for photographs not involving re-enactment of a scene.

E. Try on articles of clothing.

F. Allow the taking of specimens of material from under his/her fingernails.

G. Allow the taking of samples of his/her blood, hair, and other materials of his/her body that involve

no unreasonable intrusion.

H. Provide a sample of the defendant’s handwriting.

I. Submit to a reasonable physical or medical inspection of his/her body. Whenever the personal

appearance of the accused is required for the foregoing purposes, reasonable notice of the time and

place of such appearance shall be given by the State to the accused and defendant’s counsel, who shall

have the right to be present. Provisions may be made for appearances for such purposes in an order

admitting the accused to bail or pre-trial release.

306.7. Additions, Limitations, and Protective Orders

306.7.1. Discretionary Disclosures

Upon a showing of materiality to the preparation of the defense, and if the request is reasonable, the court,

in its discretion and after hearing on the matter may require disclosure to defense counsel of relevant

material and information not covered by this Rule.

306.7.2. Denial of Disclosure

The court may deny disclosure authorized by this Rule after hearing on the matter, if it finds that there is a

substantial risk to any person of physical harm, intimidation, bribery, economic reprisals, or unnecessary

annoyance or embarrassment resulting from such disclosure to counsel and only if the interests of justice

so allow.

306.7.3. Matters Not Subject to Disclosure

306.7.3.1. Work Product

Disclosure hereunder shall not be required of legal research of records, correspondence, reports, or

memoranda to the extent that they contain the opinions, theories, or conclusions of the State or members

of its legal or investigative staff, or of defense counsel or counsel’s staff. That is a work product.

306.7.3.2. Informants

Disclosure of an informant’s identity shall not be required where there is a paramount interest in non-disclosure and a failure to disclose will not infringe the Constitutional rights of the accused. Disclosure

shall not be denied hereunder of the identity of witnesses to be produced at a hearing or trial.

306.7.4. Protective Orders

Either side may apply for a protective order for non-disclosure of requested discovery.