Marshall Islands

Rules of Criminal Procedure

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.

Keywords

Fair trial standards
Rights during trial - disclosure of evidence to defence



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