RHODE ISLAND CRIMINAL DEFENSE A Practice Manual – Discovery

RHODE ISLAND CRIMINAL DEFENSE
A Practice Manual, 4th Edition
© John E. MacDonald

PROBATION VIOLATION HEARINGS

Discovery

In Superior Court, use Superior Court Rule of Criminal Procedure 26.1:

As amended, this rule now applies to all pre-trial hearings in addition to trials. A motion for the production of a witness’s statement may be made by any party who did not call the witness. Statements include grand jury testimony of a witness. This rule now applies to defense witnesses, allowing the state access to statements of a witness, other than the defendant, after the witness’s testimony. Sanctions for the state’s non-compliance include striking a witness’s testimony or ordering a new hearing. If the defendant refuses to comply with the court’s order, the court’s only sanction is striking or precluding the testimony.

In District Court, use Administrative Order 93-12:

“The Attorney General shall furnish copies of the witness statements of any witnesses the State intends to call in support of the prosecution’s case-in-chief to defense counsel by 9:00 a.m. on the day before the bail or violation hearing is scheduled.” September 30, 1993

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