SCRCrimP 5

(a) Disclosure of Evidence by the Prosecution.

(1) Information Subject to Disclosure.

(A) Statement of Defendant. Upon request by a defendant, the

prosecution shall permit the defendant to inspect and copy or

photograph: any relevant written or recorded statements made by

the defendant, or copies thereof, within the possession, custody or

control of the prosecution, the existence of which is known, or by the

exercise of due diligence may become known, to the attorney for the

prosecution; the substance of any oral statement which the

prosecution intends to offer in evidence at the trial made by the

defendant whether before or after arrest in response to interrogation

by any person then known to the defendant to be a prosecution

agent.

(B) Defendant's Prior Record. Upon request of the defendant, the

prosecution shall furnish to the defendant such copy of his prior

criminal record, if any, as is within the possession, custody, or control

of the prosecution, the existence of which is known, or by the exercise

of due diligence may become known, to the attorney for the

prosecution.

(C) Documents and Tangible Objects. Upon request of the

defendant the prosecution shall permit the defendant to inspect and

copy books, papers, documents, photographs, tangible objects,

buildings or places, or copies or portions thereof, which are within the

possession, custody or control of the prosecution, and which are

material to the preparation of his defense or are intended for use by

the prosecution as evidence in chief at the trial, or were obtained

from or belong to the defendant.

(D) Reports of Examinations and Tests. Upon request of a

defendant the prosecution shall permit the defendant to inspect and

copy any results or reports of physical or mental examinations, and of

scientific tests or experiments, or copies thereof, which are within the

possession, custody, or control of the prosecution, the existence of

which is known, or by the exercise of due diligence may become

known, to the attorney for the prosecution, and which are material to

the preparation of the defense or are intended for use by the

prosecution as evidence in chief at the trial.

(2) Information Not Subject to Disclosure. Except as provided in paragraphs (A), (B),

and (D) of subdivision (a)(1), this rule does not authorize the discovery or inspection of

reports, memoranda, or other internal prosecution documents made by the attorney

for the prosecution or other prosecution agents in connection with the investigation

or prosecution of the case, or of statements made by prosecution witnesses or

prospective prosecution witnesses provided that after a prosecution witness has

testified on direct examination, the court shall, on motion of the defendant, order the

prosecution to produce any statement of the witness in the possession of the

prosecution which relates to the subject matter as to which the witness has testified;

and provided further that the court may upon a sufficient showing require the

production of any statement of any prospective witness prior to the time such witness

testifies.

(3) Time for Disclosure. The prosecution shall respond to the defendant's request for

disclosure no later than thirty (30) days after the request is made, or within such other

time as may be ordered by the court.

(b) Disclosure of Evidence by the Defendant.

(1) Information Subject to Disclosure.

(A) Documents and Tangible Objects. If the defendant requests

disclosure under subdivision (a)(1)(C) or (D) of this rule, upon

compliance with such request by the prosecution, the defendant, on

request of the prosecution, shall permit the prosecution to inspect

and copy books, papers, documents, photographs, tangible objects,

or copies or portions thereof, which are within the possession,

custody, or control of the defendant and which the defendant intends

to introduce as evidence in chief at the trial.

(B) Reports of Examinations and Tests. If the defendant requests

disclosure under subdivision (a)(1)(C) or (D) of this rule, upon

compliance with such request by the prosecution, the defendant, on

request of the prosecution, shall permit the prosecution to inspect

and copy any results or reports of physical or mental examinations

and of scientific tests or experiments made in connection with the

particular case, or copies thereof, within the possession or control of

the defendant, which the defendant intends to introduce as evidence

in chief at the trial or which were prepared by a witness whom the

defendant intends to call at trial when the results or reports relate to

his testimony.

(2) Information Not Subject to Disclosure. Except as to scientific or medical reports,

this subdivision does not authorize the discovery or inspection of reports,

memoranda, or other internal defense documents made by the defendant, or his

attorneys or agents in connection with the investigation or defense of the case, or of

statements made by the defendant, or by prosecution or defense witnesses, or by

prospective prosecution or defense witnesses, to the defendant, his agents or

attorneys.

(c) Continuing Duty to Disclose. If, prior to or during trial, a party discovers additional evidence or

material previously requested or ordered, which is subject to discovery or inspection under this rule, he

shall promptly notify the other party or his attorney or the court of the existence of the additional

evidence or material.

(d) Regulation of Discovery.

(1) Protective and Modifying Orders. Upon a sufficient showing the court may at

any time order that the discovery or inspection be denied, restricted, or deferred, or

make such other order as is appropriate. Upon motion by a party, the court may

permit the party to make such showing, in whole or in part, in the form of a written

statement to be inspected by the judge alone. If the court enters an order granting

relief following such an ex parte showing, the entire text of the party's statement shall

be sealed and preserved in the records of the court to be made available to the

appellate court in the event of an appeal.

(2) Failure to Comply With a Request. 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, the court may order such party to permit the discovery or

inspection, grant a continuance, or prohibit the party from introducing evidence not

disclosed, or it may enter such other order as it deems just under the circumstances.

The court may specify the time, place and manner of making the discovery and

inspection and may prescribe such terms and conditions as are just.

(e) Notice of Alibi.

(1) Notice of Alibi by Defendant. Upon written request of the prosecution stating

the time, date and place at which the alleged offense occurred, the defendant shall

serve within ten days, or at such time as the court may direct, upon the prosecution a

written notice of his intention to offer an alibi defense. The notice shall state the

specific place or places at which the defendant claims to have been at the time of the

alleged offense and the names and addresses of the witnesses upon whom he intends

to rely to establish such alibi.

(2) Disclosure by Prosecution. Within ten days after defendant serves his notice, but

in no event less than ten days before trial, or as the court may otherwise direct, the

prosecution shall serve upon the defendant or his attorney the names and addresses

of witnesses upon whom the State intends to rely to establish defendant's presence at

the scene of the alleged crime.

(3) Continuing Duty to Disclose. Both parties shall be under a continuing duty to

promptly disclose the names and addresses of additional witnesses whose identity, if

known, should have been included in the information furnished under subdivisions (1)

or (2).

(4) Failure to Disclose. If either party fails to comply with the requirements of this

rule, the court may exclude the testimony of any undisclosed witness offered by either

party. Nothing in this rule shall limit the right of the defendant to testify on his own

behalf.

(f) Notice of Insanity Defense or Plea of Guilty but Mentally Ill. Upon written request of the

prosecution, the defendant shall within ten days or at such time as the court may direct, notify the

prosecution in writing of the defendant's intention to rely upon the defense of insanity at the time of

the crime or to enter a plea of guilty but mentally ill. If the defendant fails to comply with the

requirements of the subdivision, the court may exclude the testimony of any expert witness offered by

the defendant on the issue of his mental state. The court may, for good cause shown, allow late filing

of the notice or grant additional time to the parties to prepare for trial or make such other order as is

appropriate.

(g) Waiver. The court may, for good cause shown, waive the requirements of this rule.

Note:

Rule 5 is the language of Criminal Practice Rule 8. Section (a)(3) has been added to

establish time limits for disclosure by the State, and Section (f) has been amended to

provide for notification when a defendant intends to enter a plea of guilty but

mentally ill.