W.R.Cr.P. 26.2

(a) Order for production. — Upon order of the court, the attorney for the

state or the defendant and the defendant’s attorney shall produce for the

examination and use of the other party, any written or recorded statement of

a witness other than the defendant in their possession or which they may

reasonably obtain and which relates to the subject matter about which the

witness has testified or will testify and:

(1) Upon demand of the other party, the court shall order the statement to

be produced after a witness has testified; and

(2) Upon motion of a party or upon its own motion, the court may require

the statement to be produced at any time before trial.

(b) Production of entire statement. — If the entire contents of the statement

relate to the subject matter of the witness’s testimony, the court shall order

that the statement be produced.

(c) Production of excised statement. — If a party claims that the statement

contains matter that does not relate to the subject matter of the witness’s

testimony, the court shall order that it be delivered to the court in camera.

Upon inspection, the court shall excise the portions of the statement that do

not relate to the subject matter of the witness’s testimony, and shall order that

the statement, with such material excised, be produced. Any portion of the

statement that is withheld over objection shall be preserved by the court, and,

in the event of an appeal by the defendant or a bill of exceptions by the state,

shall be made available to the appellate court for the purpose of determining

the correctness of the decision to excise portions of the statement.

(d) Recess for examination of statement. — After delivery of the statement to

the other party, the court, upon application of that party, may recess proceedings in the trial for the examination of the statement and for preparation for

its use in the trial.

(e) Failure to comply with order. — If a party elects not to comply with an

order to deliver a statement, the court shall order:

(1) That the witness not be permitted to testify; or

(2) That the testimony of the witness be stricken from the record and that

the trial proceed; or

(3) If it is the attorney for the state who elects not to comply, shall declare

a mistrial if required in the interest of justice.

(f) Definition. — As used in this rule, a “statement” of a witness means:

(1) A written statement that is signed or otherwise adopted or approved

by the witness or an oral statement made by the witness and contained in a

stenographic, mechanical, electrical, or other recording, or a transcript

thereof; or

(2) A substantially verbatim recital of an oral statement made by the

witness that is recorded contemporaneously with the making of the oral

statement and that is contained in a stenographic, mechanical, electrical, or

other recording or a transcription thereof; or

(3) A statement, however taken or recorded, or a transcription thereof,

made by the witness to a grand jury.

“Statement” does not include the work product of attorneys.