Ind. Porter Cnty. Local Rule LR64-CR00-4910

In all criminal cases, reciprocal pre-trial discovery shall be available to both the State and

the defendant, upon request of the opposing party, as follows:

4910.10 State. The State shall produce, upon request, the following:

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

persons whom the State intends to call as witnesses, together with their relevant written or

recorded statements, memoranda containing substantially verbatim reports of their oral

statements and a list of memoranda reporting or summarizing their oral statements.

(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

acknowledgment of such statements.

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

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

of such statements.

(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.

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

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

(7) If requested by the Judge, the narrative report of the arresting officer involving

any allegation of chemical test refusal in any OWVI related case shall be

produced to the Court on green paper and kept in the red confidential file. The

report shall be utilized and reviewed by the Court for use regarding the issue of

whether a chemical test license suspension shall be terminated by the Court in the

best interests of society per IC9-30-16-6.

4910.20 Defendant. The defendant shall produce, upon request, the following:

(1) The person of the accused. Subject to Constitutional limitations the accused shall: (a)

Appear in a line-up.

(b) Speak for identification by witnesses for an offense

(c) Be finger printed.

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

Try on articles of clothing.

(f) Permit the taking of specimens of material from under the defendant's

fingernails.

(g) Permit the taking of samples of the defendant's blood, hair or other

materials of the body which involve no unreasonable intrusion.

(h) Provide a sample of the defendant=s handwriting.

(1) Submit to a reasonable physical or medical inspection of the

defendant's body.

(2) 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 the accused's

counsel, who shall have a right to be present.

(3) Subject to Constitutional limitations the State shall be informed of, and

permitted to inspect and copy or photograph, any report or results, or

any testimony relative thereto, of physical or mental examinations or of

scientific tests, experiments or comparisons, or any other reports or

statements of experts which defense counsel possesses or controls,

except that those portions of reports containing statements made by the

defendant may be withheld if defense counsel does not intend to use

any of the material contained in the report at a hearing or trial.

(4) Subject to Constitutional limitations defense counsel shall inform the

State of any defenses which defense counsel intends to make at a

hearing or trial and shall furnish the State with the following material

and information within defense counsel's possession and control.

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

numbers of persons defense counsel intends to call as witnesses,

together with their relevant written or recorded statements, including

memoranda, reporting or summarizing their oral statements, and record

of prior criminal convictions known to the defense attorney.

(b) Any papers, books, documents, photographs or tangible objects

defense counsel intends to use as evidence or for impeachment at a

hearing or trial.

4910.30 All Parties.

(1) If, subsequent to compliance, a party discovers additional material or information

which is subject to disclosure, that party's attorney shall promptly notify the other party or

the other party's counsel of the existence of such additional material, and if the additional

material or information is discovered during trial, the Court shall also be notified.

(2) Any materials furnished to an attorney pursuant to this Rule shall remain in that

attorney's exclusive custody and shall be used only for the purpose of conducting that

attorney's side of the case, and shall be subject to such other terms and conditions as the

Court may provide.

(3) Upon a showing of cause the Court may, at any time, order that specified

disclosures be restricted or deferred, or make such other order as is appropriate, providing

that all material and information to which a party is entitled must be disclosed in time to

permit that party's counsel to make beneficial use thereof.

4910.40 Failure to Comply. If at any time during the course of the proceedings it is

brought to the attention of the Court that a party has failed to comply with this Rule or an order

issued pursuant thereto, the Court may order such party to permit the discovery of material and

information not previously disclosed, and the Court may order a continuance, or enter such other

order as it deems just under the circumstances. Willful violation by counsel of this Rule or an

order issued pursuant thereto may subject counsel to appropriate sanctions.

4910.50 Discretionary Protective Order. Either side may apply for a protective order

for non-disclosure of requested discovery. The Court may deny disclosure 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 which outweighs any

usefulness of the disclosure to counsel.

4910.60 Matters not subject to disclosure.

(1) Work product. Disclosure is not required of legal research or 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 staffs, or of

defense counsel or his/her staff.

(2) Informants. Disclosure of an informant's identity will not be required where

there is a paramount interest in non-disclosure and a failure to disclose will not infringe

upon the constitutional rights of the accused. Disclosure of the identity of witnesses to be

produced at a hearing or trial will be required.

(3) Any matters protected by law.