a. Upon filing of an information for criminal prosecution the Prosecutor or prosecuting agency shall make inquiry with all involved law enforcement agencies for the disclosure of all documents, electronic documents, recordings, correspondence, interviews, statements, photos, videos, audio, all evidence reports or lab submissions, and ALL other records of the investigation.
b. Within fifteen (15) days of the information being filed and the information request being submitted, Notice of Availability of Disclosures shall be filed in the criminal proceeding.
c. Defendant may acquire a copy of said materials. It shall be preferable to have these items available electronically.
d. Defendant shall be able to provide a blank flash drive for a free copy of the Disclosures. If Defendant requests the Disclosures in print, she shall be responsible for the expense of their production as follows:
i. $0.05 per page for black and white copies
ii. $0.10 per page for color copies
iii. $1.00 for all compact discs
e. All updates to the investigation from ANY source must be disclosed to the State within fifteen (15) days of the conclusion of that portion of the investigation. The State shall file a supplemental Notice of Availability of Disclosures within ten (10) days of receipt of all investigatory material following the initial Notice of Availability of Disclosures.
f. Following the preliminary hearing the State shall send a final request to all agencies or officials involved in any investigation related to the subject criminal matter prior to District Court Arraignment or within thirty (30) days, whichever is later.
g. Following the final request and receipt of the final materials, the State shall file a Notice of Availability for Final Disclosures within fifteen (15) days of receipt of the District Court Arraignment, whichever is later.
h. Final Disclosures and Supplemental Disclosures shall be available for the Defendant for the same expense as the discussed above.
i. The Court shall enter a Discovery Order in all criminal matters set for Jury or Non-Jury Trial that includes a date by which the State an Defendant must exchange all Discovery intended for use in the Trial.
j. Any Discovery provided by the State which was not previously provided in Disclosure(s) shall be accompanied by a motion to allow such evidence that describes the reason is was not provided in the prior required Disclosures. All evidence provided in Discovery that was not provided in the Disclosures must be suppressed unless it is found that the prior failure to disclose was:
i. Due to unavoidable circumstance, or
ii. Is not material to the Defense, or
iii. Was not withheld without just cause or acceptable reason.
k. Should Discovery Material be found to be able to satisfy the requirements above, the Court shall grant, without prejudice, a request for continuance to the Defense. Further, the Defense shall be allowed to amend their Discovery to include relevant evidence or witnesses necessary to address the State’s Discovery, not previously disclosed.