A. The Commonwealth may provide discovery to the Defendant on the day of arraignment, but shall provide no later than ten (10) days prior to the first pretrial conference, the following:

B. The Commonwealth shall permit the Defendant(s) to inspect and copy or photograph books, papers, documents or tangible objects or portions thereof that are in the possession, custody or control of the Commonwealth, or its agents, and which may be material to the preparation of her defense. If there is a dispute as to the materiality of such items, this matter shall be brought to the attention of the Court by the Commonwealth at the first pretrial or as soon thereafter as the dispute arises [RCr 7.24 (2), 7.24(5)].

C. If the Defendant(s) does not desire discovery pursuant to RCr 7.24 (1) and (2), notice declining discovery shall be provided, in writing, to the Commonwealth within five (5) days of arraignment. Otherwise, not later than 30 days before trial the Defendant(s) shall permit the Commonwealth to inspect, copy or photograph (1) books, papers, documents or tangible objects which the Defendant(s) intends to introduce into evidence and which are in the Defendant's possession, custody or control: and (ii) any results or reports of physical or mental examinations and of scientific tests or experiments made in connection with this particular case or copies thereof, within the possession, custody or control of the Defendant(s) and which the Defendant(s) intends to introduce as evidence or which were prepared by a witness whom the Defendant(s) intends to call at trial when the results or reports relate to the witness' testimony [RCr 7.24 (3)].

D. The Commonwealth shall furnish the Defendant with a Bill of Particulars, which advises the Defendant with specificity the circumstances of the alleged offense(s), including but not limited to, exact date, time and location of the offense(s) pursuant to James v. Commonwealth, Ky., 482 S.W.2d 92 (1972), the specific acts or conduct by which the Defendant is alleged to have committed the offense(s) including, but not limited to, the particular culpable mental state of the Defendant and the specific sections and subsections of the Penal Code or other statute which the Defendant is alleged to have violated [RCr 6.22].

E. Upon written request by the Defendant, the Commonwealth shall deliver a copy of any mechanical recording of the grand jury proceedings relating to the Defendant's indictment, subject to appropriate arrangements for payment [RCr 5.16(3)]. The tape shall be provided to a Defendant represented by the Public Defender without cost pursuant to KRS Chapter 31.

F. The Commonwealth shall provide written disclosure of all exculpatory evidence or information to the Defendant.

G. All responses by any party shall be in writing, acknowledging or denying existence of such items, with copies of the responses and evidence being served upon the opposite party. The Court will consider the Commonwealth or defendant(s) in compliance with these rules of discovery when the parties file with the circuit court a list of items and/or the number of pages of discovery available for inspection or provided to the opposing party. The parties shall not file discovery documents or exhibits with the court unless either party requests or the court requires such filing during pretrial litigation, trial, or appellate review. The parties shall make a good faith effort to resolve disputes among themselves which arise in the course of discovery before bringing any motion to the court. (JRP 402). If, subsequent to the discovery deadline and prior to, or during trial, any party discovers additional material previously requested which is subject to discovery or inspection, counsel shall promptly notify the other party or attorney, or the Court, of its existence. [RCr 7.24(8)]. This continuing obligation also applies to the Bill of Particulars and the disclosure of exculpatory evidence. Any items not divulged according to the discovery deadlines may result in the Court granting a request for a continuance, mistrial or dismissal of the action. The evidence may be suppressed unless good cause is shown or, in the alternative, the Court may enter such other Order as may be just under the circumstances. The court retains discretion to impose sanctions under RCr 7.24 for failure to provide timely discovery. [RCr 7.24(9)].