TITLE IV. ARRAIGNMENT AND PREPARATION FOR TRIAL

Rule 10. Arraignment

(a) In General. An arraignment must be conducted in open court and must consist of :

(1) ensuring that the defendant has a copy of the information, complaint, or citation ;

TITLE IV. ARRAIGNMENT AND PREPARATION FOR TRIAL

Rule 16. Disclosure and Discovery

(c) Disclosure by the Government

(1) Except as otherwise provided in these rules as to protective orders, the government must, upon written request of defendant's counsel or, if the defendant is not represented by counsel, upon written request of the defendant, disclose to defendant's counsel or the defendant such part or all of the following material and information within its possession or control designated in said request :

(A) The names and last known addresses of persons known by the government to have information that relates to the subject matter of the offense, together with their written or recorded statements, and existing memoranda, reporting or summarizing part or all of their oral statements ;
(B) Any written or recorded statements and the substance of any oral statements made by the defendant or by a co-defendant, a list of all witnesses to the making and a list of all witnesses to the acknowledgment of such statements, and the last known addresses of such witnesses ;
(C) 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 ;
(D) A written summary of any testimony that the government intends to use under Rules 702, 703, or 705 of the Rules of Evidence at trial. The summary must describe the witness's opinions, the bases and reasons for those opinions, and the witness's qualifications ;
(E) Any books, papers, documents, photographs, or objects, which pertain to the case or which were obtained from or belong to the defendant ;
(F) Any record of prior criminal convictions of the defendant and any persons the government or the defendant intends to call as witnesses at a hearing or the trial ;
(G) If there has been any photographic or electronic surveillance (including wiretapping), relating to the offense with which the defendant is charged, of the defendant or of conversations to which the defendant was a party or of the defendant's premises ; this disclosure must be in the form of a written statement by the government prosecutor briefly setting forth the facts pertaining to the time, place, and persons making the same ; and
(II) Any material or information, within the possession or control of the government, which tends to negate the guilt of the defendant as to the offense charged, mitigate the degree of the offense charged, or reduce the punishment.

(2) The request provided for by this rule must be made by serving a copy of the request upon the government prosecutor and each defendant to be tried jointly with the defendant. The original of such request must be filed in the court having jurisdiction to try the case.

TITLE IV. ARRAIGNMENT AND PREPARATION FOR TRIAL

Rule 16. Disclosure and Discovery

(d) Disclosure by Government to Defendant by Court Order Requiring a Showing of Good Cause.

(1) The defense may make a written motion in the court having jurisdiction to try said case requesting the government to disclose material and information not covered by Rule 16(c). Such motion must specify the material or information sought to be disclosed. If the court finds the request to be reasonable, the court must order the government to disclose to the defendant that material and information requested which is found by the court to be relevant and material to the defendant's case.

(2) The court must specify the material and information to be disclosed and the time and manner in which the government must make disclosure under this rule.

TITLE IV. ARRAIGNMENT AND PREPARATION FOR TRIAL

Rule 16. Disclosure and Discovery

(e) Disclosure by Defendant to Government Without Court Order.

(1) Except as otherwise provided in these rules as to protective orders, and subject to constitutional limitations, on written request by the government, the defendant must disclose to the government prosecutor such part or all of the following material or information within the defendant's possession or control designated in such request :

(A) 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, which the defense intends to introduce into evidence at a hearing or trial, except those portions of any of the above containing statements made by the defendant need not be disclosed ;
(B) A written summary of any testimony that the defendant intends to use under Rules 702, 703, or 705 of the Rules of Evidence at trial. The summary must describe the witness's opinions, the bases and reasons for those opinions, and the witness's qualifications ;
(C) The names and last known addresses of persons, other than defendant, whom defendant intends to call as witnesses at any hearing or at the trial, together with their written or recorded statements, and existing memoranda reporting or summarizing part or all of their oral statements ;
(D) Those parts of any books, papers, documents, photographs, or objects, except such as contain statements of the defendant, which the defendant intends to introduce in evidence at a hearing or trial ;
(E) If the defendant intends to rely on the defense of insanity at the time of the offense, disclosure of such intent must be in the form of a written statement by counsel for the defendant ; and
(F) If the defendant intends to rely on the defense of alibi and the government in its request specifies the place, date, and time of the crime charged, disclosure must be in the form of a written statement by counsel for the defendant, announcing such intent and giving specific information as to the place at which the defendant claims to have been at the time of the alleged offense, and, as particularly as is known, the names and addresses of the witnesses by whom the defendant proposes to establish such alibi.

(2) The request provided for by this rule must be made by serving a copy of the request upon the defendant or the defendant's attorney, and upon each defendant or the defendant's attorney who is to be tried jointly with the defendant. The original of such request must be filed in the court having jurisdiction to try the case.

Article 67
Rights of the accused
2. In addition to any other disclosure provided for in this Statute, the Prosecutor shall, as soon as practicable, disclose to the defence evidence in the Prosecutor's possession or control which he or she believes shows or tends to show the innocence of the accused, or to mitigate the guilt of the accused, or which may affect the credibility of prosecution evidence. In case of doubt as to the application of this paragraph, the Court shall decide.