Prior to trial for first degree murder, opposing counsels to furnish requested information, rules applied
In a first degree murder trial where the death penalty is still possible, both sides have to share certain information with each other before the trial starts — without waiting for a judge to order it. Each side shares a list of circumstances they plan to bring up, the names of witnesses they plan to call, and copies of any documents or objects they plan to use in the second part of the trial. Regular court rules about sharing information also still apply.
565.005. Prior to trial for first degree murder, opposing s to furnish requested , s applied. — 1. At a reasonable time before the of the first stage of any trial of at which the is not , the state and , upon request and without of the court, shall serve counsel of the opposing with:
(1) A list of all aggravating or as provided in 1 of section 565.032, which the party intends to prove at the ;
(2) The names of all persons whom the party intends to call as witnesses at the second stage of the trial;
(3) Copies or locations and of any books, papers, documents, photographs or objects which the party intends to offer at the second stage of the trial. If copies of such materials are not supplied to opposing counsel, the party shall cause them to be made available for inspection and copying without order of the court.
2. The disclosures required in subsection 1 of this section are to those required by rules of the supreme court relating to a continuing duty to disclose information, the use of matters disclosed, matters not subject to disclosure, , and for failure to comply with an applicable rule or order, all of which shall also apply to any disclosure required by this section.
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Source & history notes
(L. 1983 S.B. 276, A.L. 1984 S.B. 448 § A) Effective 10-01-84
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