M.R.U. Crim. P. 16

(a) Automatic Discovery.

(1) Scope of Automatic Discovery. The attorney for the State shall

provide as automatic discovery all matters set forth in this subdivision that are

within the possession or control of the attorney for the State. The obligation

of the attorney for the State extends to matters within the possession or control

of any member of the attorney for the State’s staff and of any official or

employee of this State or any political subdivision thereof who regularly

reports or who, with reference to a particular case, has reported to the office of

the attorney for the State.

(2) Duty of the Attorney for the State. The attorney for the State shall

provide the following to the defendant:

(A) The police report(s) and any other documents used by the prosecutor

in deciding to charge the defendant.

(B) A statement describing any testimony or other evidence intended to

be used against the defendant that

(i) Was obtained as a result of a search and seizure or the hearing

or recording of a wire or oral communication;

(ii) Resulted from any confession, admission, or statement made by

the defendant; or

(iii) Relates to a lineup, showup, picture, or voice identification of

the defendant.

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

statements made by the defendant.

(D) A statement describing any matter or information known to the

attorney for the State that may not be known to the defendant and that

tends to create a reasonable doubt of the defendant’s guilt as to the crime

charged.

(E) A copy of any notification provided to the court by the attorney for

the State pursuant to Rule 6(e) or (h) that pertains to the case against the

defendant.

(F) Any books, papers, documents, electronically stored information,

photographs (including motion pictures and video tapes), tangible

objects, buildings or places, or copies or portions thereof, that the

attorney for the State intends to use as evidence in any proceeding or that

were obtained or belong to the defendant.

(G) 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.

(H) The names, dates of birth, and, except as otherwise provided by 17-A

M.R.S. § 1176(4) relative to alleged victims, the addresses of the

witnesses whom the State intends to call in any proceeding. The fact

that a listed witness is not called shall not be commented upon at trial.

(I) Written or recorded statements of witnesses and summaries of

statements of witnesses contained in police reports or similar matter.

(3) Exception: Work Product. The attorney for the State is not required

to disclose legal research or records, correspondence, reports, or memoranda

to the extent that they contain the mental impressions, conclusions, opinions,

or legal theories of the attorney for the State or members of his or her legal staff.

(4) Manner of Providing Automatic Discovery. With respect to written

materials, except as otherwise provided in subdivision (b)(1), the attorney for

the State shall provide copies thereof. With respect to tangible objects, the

attorney for the State shall allow the defendant at any reasonable time and in

any reasonable manner to inspect, photograph, or have reasonable tests made.

With respect to audio, video, motion pictures, photographic evidence, or

electronically stored information, the attorney for the State shall disclose the

existence of such evidence with automatic discovery and, upon the request of

the defendant and where practicable, shall provide the defendant an

opportunity to obtain an electronic copy, at any reasonable time and in any

reasonable manner.

When the attorney for the State is unable to provide the defendant an

opportunity to obtain an electronic copy of audio, video, motion pictures,

photographic evidence, or electronically stored information because the

technology makes such provision impracticable, or when such copying is

barred, for example, as controlled by 15 M.R.S. § 1121 relative to sexually

explicit material, the attorney for the State shall provide the defendant a

reasonable opportunity to review the audio, video, motion pictures,

photographic evidence, or electronically stored information.

(b) Time for Providing Automatic Discovery.

(1) At Initial Appearance on a Class A, B, or C Charge or Arraignment on a

Class D or E Charge. The attorney for the State shall produce and allow the

defendant to review the information described in subdivision (a)(2)(A).

(2) After a Defendant has entered a “Not Guilty” Plea to a Class D or E Crime.

In the manner dictated by subdivision (a)(4), the attorney for the State shall

provide the information described in subdivision (a)(2)(B) through (I) within

7 days after the arraignment or entry of a written plea of “not guilty.”

(3) When a Dispositional Conference is to Occur Before Indictment for a

Class A, B, or C Crime. In the manner dictated by subdivision (a)(4), the

attorney for the State shall provide the information described in subdivision

(a)(2)(B) through (I) no later than 14 days before any dispositional conference

that occurs before indictment.

(4) At Arraignment on a Class A, B, or C Crime. In the manner dictated

by subparagraph (a)(4), the attorney for the State shall provide the information

described in subdivision (a)(2)(B) through (I) at arraignment.

(5) Continuing Duty to Disclose. If additional material that would have

been furnished to the defendant as automatic discovery comes within the

possession or control of the attorney for the State after the timeframes listed in

subdivision (b)(1)-(4), the attorney for the State shall so inform the defendant

within 14 days thereafter.

(6) Protective Order. Upon motion of the attorney for the State, and for

good cause shown, the court may make any order that justice requires.

(7) Defendant’s Obligation. Promptly after becoming aware of any

material that the defendant wishes to review in order to prepare a defense, and

that should have but has not yet been provided as automatic discovery

pursuant to this Rule, the defendant must make a written request to the State

for the material. The State must respond to the request, in writing, within 14

days.

(c) Discovery Upon Request

(1) Scope and Timing of Request. Except as to materials the State is

required to provide as automatic discovery pursuant to subparagraph (a)(2) or

work product as defined in subparagraph (a)(3), a defendant may make a

written request to have the State provide any other books, papers, documents,

electronically stored information, photographs (including motion pictures and

videotapes), or copies or portions thereof, or tangible objects, or access to

buildings or places, that are material and relevant to the preparation of the

defense.

(2) Response by the Attorney for the State. Upon receipt of a written

request from the defendant pursuant to subdivision (c)(1), the attorney for the

State shall, within a reasonable time, provide a written response to the

defendant that:

(A) provides the requested material, in the manner dictated by

subdivision (a)(4);

(B) notifies the defendant that the requested material will be provided as

soon as it can reasonably be obtained by the State;

(C) notifies the defendant that the requested material is not within the

possession or control of the State; or

(D) notifies the defendant that the State objects to the request.

If additional material that would have been furnished to the defendant under

this subdivision comes within the possession or control of the attorney for the

State after the defendant has had access to similar materials, the attorney for

the State shall so inform the defendant within 14 days thereafter.

(d) Discovery Pursuant to Court Order.

(1) Bill of Particulars. A motion for a bill of particulars may be

entertained and granted by the court if defense counsel or the unrepresented

defendant satisfies the court that

(A) Discovery has been completed under this Rule; and

(B) That such discovery is inadequate to establish a record upon which

to plead double jeopardy, or to prepare an effective defense because

further information is necessary respecting the charge stated in the

charging instrument, or to avoid unfair prejudice.

The bill of particulars may be amended at any time subject to such conditions

as justice requires.

(2) Motions for Discovery Necessitated by Subparagraph (c)(2)(D). If the

State notifies the defendant that it objects to his or her written request for

additional discovery, the defendant may file a motion with the court, asking that

the court order the State to provide any books, papers, documents,

electronically stored information, photographs (including motion pictures and

videotapes), or copies or portions thereof, or tangible objects, or access to

buildings or places, that the defendant has requested and that are material and

relevant to the preparation of the defense.

The State shall respond to any such motion within 7 days. Thereafter,

the court may discuss the motion at a dispositional conference and may rule on

the motion with or without a hearing.

(3) Grand Jury Transcripts. Discovery of transcripts of testimony of

witnesses before a grand jury is governed by Rule 6.

(4) Order for Preparation of Report by Expert Witness. If an expert

witness whom the State intends to call in any proceeding has not prepared a

report of examination or tests, the court, upon motion, may order that the

expert prepare and the attorney for the State serve a report stating the subject

matter on which the expert is expected to testify, the substance of the facts to

which the expert is expected to testify and a summary of the expert’s opinions

and the grounds for each opinion.

(5) Specific Discovery Order in Certain Cases. In all homicide cases and,

by order of the court, in other cases involving forensic materials, a specific

discovery order will be issued that will control the discovery process.

(e) Sanctions for Noncompliance. If the attorney for the State fails to

comply with this Rule, the court, on motion of the defendant or on its own

motion, may take appropriate action, which may include, but is not limited to,

one or more of the following: requiring the attorney for the State to comply;

granting the defendant additional time or a continuance; relieving the

defendant from making a disclosure required by Rule 16A; prohibiting the

attorney for the State from introducing specified evidence; and dismissing

charges with or without prejudice.