Ind. Marion Cnty. Crim. Local Rule LR49-CR00-107

1. GENERAL

(a) The Court at initial hearing will automatically order the State to disclose and furnish all

relevant items and information under this Rule to the defendant (s) within twenty (20)

days from the date of the initial hearing, subject to Constitutional limitations and

protective orders, and the defendant (s) to provide the State with discovery within forty-five (45) days of the initial hearing.

(b) No written motion is required, except:

(1) To compel compliance under this Rule

(2) For additional discovery not covered under this Rule

(3) For a protective order not related to law enforcement recordings, records

received by law enforcement from laptops, cellular telephones, or electronic

communication devices, whether from a provider or from a search by law

enforcement, records received by law enforcement providers of social media

applications and/or peer-to-peer payment applications, or alleged victim(s)

medical records demonstrating the injury intrinsic to the elements of the

charge.

(4) For an extension of time

(c) All Discovery shall be completed by the omnibus date unless extended for good cause

shown.

(d) Although each side has a right to full discovery under this Rule, each side has a

corresponding duty to seek out the discovery. Motions for original discovery and

compliance with Indiana Rule of Evidence 404(b), and law enforcement recordings,

records received by law enforcement from laptops, cellular telephones, or electronic

communication devices, whether from a provider or from a search by law

enforcement, records received by law enforcement from providers of social media

applications and/or peer-to-peer payment applications, or alleged victim(s) medical

records demonstrating the injury intrinsic to the elements of the charge are

unnecessary and disfavored. Motions for specific discovery are permitted. Failure to

file a Motion to Compel may result in the waiver of this right; failure to comply with

providing discovery may result in sanctions, including the exclusion of evidence.

2. STATE DISCLOSURE

(a) The State shall disclose the following material and information within its possession or

control:

(1) The names and last known addresses of persons whom the State intends to call

as witnesses, with their relevant written or recorded statements. The State may

refrain from providing a witness’ address under this rule if the State in good faith

believes the disclosure of the witness’ address may jeopardize the safety of the

witness or the witness’ immediate family. If the State does not disclose the

witness’ address for the reason stated under this rule then the State shall make

the witness available for deposition or interview by defense counsel upon

reasonable notice.

Should there be a dispute among the parties concerning the disclosure of a

witness’ address, counsel shall meet and make a reasonable effort to resolve this

dispute before seeking intervention from the court. The party seeking

disclosure or a protective order under this rule shall include in the party’s

motion or request a statement showing that the attorney making the motion or

request has made a reasonable effort to reach agreement with opposing counsel

concerning the matter set forth in the motion or request. This statement shall

recite in addition, the date, time and place of this effort to reach agreement,

whether in person or by telephone and the names of all parties and attorneys

participation therein. If an attorney for any party advises the court in writing

that an opposing attorney has refused or delayed meeting and discussing the

issue of witness address disclosure, the Court may take such action as

appropriate.

The Court may deny a discovery motion filed by a party who has failed to

comply with the requirements of this subsection.

(2) Any written, oral or recorded statements made by the accused or by a codefendant, and a list of witnesses to the making and acknowledgement of such

statements.

(3) A transcript of those portions of grand jury minutes containing testimony of

persons whom the prosecuting attorney intends to call as witnesses at the hearing

or trial.

(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 that the

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

from or belong to the accused.

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

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

(7) All evidence required by Indiana Rules of Evidence 404(B), at least thirty (30)

days prior to trial, or within two weeks following the request for trial, whichever

is later.

(8) All law enforcement records (“Recordings”), which includes video and audio

recorded by law enforcement agencies during their investigations; this includes

but is not limited to recordings made by body-worn cameras, dashboard cameras,

and in-vehicle cameras. Not included in this section are written or recorded

statements of persons the State intends to call as witnesses, as required by (a)(1)

and any written, oral, or recorded statements made by the accused or by a

codefendant, as required by (a)(2). Absent a showing of good cause, these

Recordings must remain in the possession of defense counsel and may not be

given to anyone outside the defense counsel’s staff except experts hired for

consultation on the specific case before the court. No one may duplicate,

distribute, transmit, or broadcast these Recordings without express written court

authorization. Defendants may review in the presence of counsel or counsel’s

staff. Either side may seek to introduce these Recordings as exhibits. However,

any court filing containing these Recordings must be designated as not for public

access.

(9) All records received by law enforcement from laptops, cellular telephones, or

other electronic communication devices, whether received from a provider or

from a search by law enforcement, and records received by law enforcement

from providers of social media applications and/or peer-to-peer payment

applications. These records include digital cell phone extraction reports, could-

based storage, and surveillance camera footage. Absent a showing of good

cause, these records must remain in the possession of defense counsel and may

not be given to anyone outside defense counsel’s staff except experts hired for

consultation on the specific case before the court. Non one may duplicate,

distribute, transmit, or broadcast these records without express written court

authorization. Defendants may review in the presence of counsel or counsel’s

staff. Either side may seek to introduce these records as exhibits. However, any

court filing containing these records must be designated as not for public access.

(10) All alleged victim(s) medical records demonstrating the injury intrinsic to the

elements of the charge. (“Witness Medical Records”). Absent a showing of

good cause, witness medical records must remain in the possession of defense

counsel and may not be given to anyone outside defense counsel’s staff except

experts hired for consultation on the specific case before the court. No one may

duplicate, distribute, transmit, or broadcast Witness Medical Records without

express written court authorization. Defendants may review in the presence of

counsel or counsel’s staff. Either side may seek to introduce Witness Medical

Records as exhibits. However, any court filing containing these records must be

designated as not for public access.

(b) The State shall disclose to defense counsel any material or information within its

possession or control that tends to negate the guilt of the accused as to the offense

charged or would tend to reduce the punishment therefore.

(c) The State may perform these obligations in any manner mutually agreeable to the

prosecutor and defense counsel.

3. DEFENDANT DISCLOSURE

(a) Defendant's counsel shall furnish the State with the following material and

information within his/her possession or control.

(1) Any defense that he/she intends to make at a hearing or trial.

(2) The names and last known addresses of persons whom the defense intends to call

as witnesses, with their relevant written or recorded statements and any record of

prior criminal convictions known to him/her. The defense may refrain from

providing a witness’ address under this rule if the defense in good faith believes

the disclosure of the witness’ address may jeopardize the safety of the witness or

the witness’ immediate family. If the defense does not disclose the witness’

address for the reason stated under this rule then the defense shall make the

witness available for deposition or interview by counsel for the State upon

reasonable notice. Should there be a dispute among the parties concerning the

disclosure of a witness’ address, counsel shall meet and make a reasonable effort

to resolve this dispute before seeking intervention from the court. The party

seeking disclosure or a protective order under this rule shall include in the party’s

motion or request a statement showing that the attorney making the motion or

request has made a reasonable effort to reach agreement with opposing counsel

concerning the matter set forth in the motion or request. This statement shall

recite in addition, the date, time and place of this effort to reach agreement,

whether in person or by telephone and the names of all parties and attorneys

participation therein. If an attorney for any party advises the court in writing that

an opposing attorney has refused or delayed meeting and discussing the issue of

witness address disclosure, the Court may take such action as is appropriate. The

court may deny a discovery motion filed by a party who has failed to comply

with the requirements of this subsection.

(3) Any books, papers, documents, photographs, or tangible objects he/she intends to

use as evidence.

(4) Medical, scientific, or expert witness evaluations, statements, reports, or

testimony that may be used at a hearing or trial.

(5) All Evidence required by Indiana Rules of Evidence 404(B), at least 30 days

prior to trial, or within two (2) weeks following the request for trial, whichever is

later.

(b) After the formal charge has been filed, upon written motion by the State, the

Court may require the accused, among other things, to:

(1) Appear in a line-up.

(2) Speak for identification by witnesses to an offense.

(3) Be fingerprinted.

(4) Pose for photographs not involving re-enactment of a scene.

(5) Try on articles of clothing.

(6) Allow the taking of specimens of material from under his/her fingernails.

(7) Allow the taking of samples of his/her blood, hair, and other materials of

his/her body that involve no unreasonable intrusion.

(8) Provide a sample of his/her handwriting.

(9) Submit to a reasonable physical or medical inspection of he/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 his/her counsel, who shall have the right to be present. Provision may be

made for appearances for such purposes in an order admitting the accused to bail or

providing for his/her release.

4. ADDITIONS, LIMITATIONS, AND PROTECTIVE ORDER.

(a) Discretionary Disclosures.

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

reasonable, the court, in its discretion, may require disclosure to defense counsel of

relevant material and information not covered by this Rule.

(b) Denial of Disclosure.

The Court may deny disclosure authorized by this Rule 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.

(c) Matters Not Subject to Disclosure.

(1) Work product. Disclosure hereunder shall not be required of legal research or

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 staffs, or of defense counsel or his/her staff.

(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.

(a) Either side may apply for a protective order for non-disclosure of requested

discovery.

(d) Restrictions on production of discovery. Upon Motion to the Presiding Judge

of the Courtroom pursuant to Trial Rule 26(c), discovery provided to an

opposing party containing subject matter that is sensitive in nature, as determined

by the Court, may be prevented from duplication or distribution, in any capacity.

Upon granting of those Motions, attorneys of record shall be the only people in

possession of the copies of the restricted discovery. The defendant may view the

discovery in a meeting with their counsel, however they are not permitted to their

own copy of the discovery. Should a defendant elect for a pro se representation,

they may view the discovery in a closed hearing, but are not permitted to their

own copy of the discovery.

(e) Sanctions. Any violation of this rule may result in a sanction deemed

appropriate by the Court.

5. DEPOSITIONS

Any sworn tape-recorded interview in which the prosecutor, the defense attorney and the

witnesses are present shall be considered a deposition under the Indiana Trial Rules. Deputy

prosecutors and public defenders shall cooperate in using such recorded statements instead of

formal depositions under any circumstance that will expedite case preparation.

6. FILING REQUIREMENTS

All pleadings, petitions, and motions shall be filed electronically with the Clerk of Courts

during filing hours established by the Clerk and the Court and shall be accompanied by a

proposed order. Facsimile filing is not permitted.