RULE 4-262. DISCOVERY IN DISTRICT COURT
West's Annotated Code of MarylandMaryland RulesEffective: August 1, 2020
Effective: August 1, 2020
MD Rules, Rule 4-262
RULE 4-262. DISCOVERY IN DISTRICT COURT
Committee note: This Rule also governs discovery in actions transferred from District Court to circuit court upon a jury trial demand made in accordance with Rule 4-301(b)(1)(B). See Rule 4-301(c).
Cross reference: For the definition of “State's Attorney,” see Rule 4-102(l).
(2) Scope of Obligations. The obligations of the State's Attorney and the defense extend to material and information that must be disclosed under this Rule and that are in the possession or control of the attorney, members of the attorney's staff, or any other person who either reports regularly to the attorney's office or has reported to the attorney's office in regard to the particular case.
Cross reference: For the obligations of the State's Attorney, see State v. Williams, 392 Md. 194 (2006).
(1) Without Request. Without the necessity of a request, the State's Attorney shall provide to the defense all material or information in any form, whether or not admissible, that tends to exculpate the defendant or negate or mitigate the defendant's guilt or punishment as to the offense charged and all material or information in any form, whether or not admissible, that tends to impeach a State's witness.
Cross reference: See Brady v. Maryland, 373 U.S. 83 (1963); Kyles v. Whitley, 514 U.S. 419 (1995); Giglio v. U.S., 405 U.S. 150 (1972); U.S. v. Agurs, 427 U.S. 97 (1976); Thomas v. State, 372 Md. 342 (2002); Goldsmith v. State, 337 Md. 112 (1995); and Lyba v. State, 321 Md. 564 (1991).
(B) Written Statements, Identity, and Telephone Numbers of State's Witnesses. As to each State's witness the State's Attorney intends to call to prove the State's case in chief or to rebut alibi testimony: (i) the name of the witness; (ii) except as provided under Code, Criminal Procedure Article, § 11-205 or Rule 16-934, the address and, if known to the State's Attorney, the telephone number of the witness, and (iii) the statements of the witness relating to the offense charged that are in a writing signed or adopted by the witness or are in a police or investigative report;
Committee note: In addition to disclosure of a pretrial identification of a defendant by a State's witness, in some cases, disclosure of a pretrial identification of a co-defendant by a State's witness also may be required. See Green v. State, 456 Md. 97 (2017).
(2) On Motion. On motion filed by the State's Attorney, with reasonable notice to the defense, the court, for good cause shown, shall order the defendant to appear and (A) permit the taking of buccal samples, samples of other materials of the body, or specimens of blood, urine, saliva, breath, hair, nails, or material under the nails or (B) submit to a reasonable physical or mental examination.
(1) By Any Party. Notwithstanding any other provision of this Rule, neither the State's Attorney nor the defense is required to disclose (A) the mental impressions, trial strategy, personal beliefs, or other privileged attorney work product or (B) any other material or information if the court finds that its disclosure is not constitutionally required and would entail a substantial risk of harm to any person that outweighs the interest in disclosure.
(2) By the Defense. The State's Attorney is not required to disclose the identity of a confidential informant unless the State's Attorney intends to call the informant as a State's witness or unless the failure to disclose the informant's identity would infringe a constitutional right of the defendant.
(i) Procedure. To the extent practicable, the discovery and inspection required or permitted by this Rule shall be completed before the hearing or trial, except that asserting a defense pursuant to subsection (e)(2) of this Rule shall be made at least 10 days before the trial. If a request was made before the date of the hearing or trial and the request was refused or denied, or pretrial compliance was impracticable, the court may grant a delay or continuance in the hearing or trial to permit the inspection or discovery.
Source: This Rule is new.
Credits
[Adopted April 8, 2008, eff. July 1, 2008. Amended March 9, 2010, eff. July 1, 2010; Oct. 4, 2012, eff. Jan. 1, 2013; Nov. 1, 2012, eff. Jan. 1, 2013; Oct. 17, 2013, eff. Jan. 1, 2014; Dec. 7, 2015, eff. Jan. 1, 2016; Oct. 10, 2018, eff. Jan. 1, 2019; June 29, 2020, eff. Aug. 1, 2020.]
MD Rules, Rule 4-262, MD R CR Rule 4-262
Current with amendments received through February 1, 2024. Some sections may be more current, see credits for details.
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