Section 565.005

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS

Chapter 565

Effective - 01 Oct 1984, 2 histories, see footnote   

  565.005.  Prior to trial for first degree murder, opposing counsels to furnish requested information, rules applied. — 1.  At a reasonable time before the commencement of the first stage of any trial of murder in the first degree at which the death penalty is not waived, the state and defendant, upon request and without order of the court, shall serve counsel of the opposing party with:

  (1)  A list of all aggravating or mitigating circumstances as provided in subsection 1 of section 565.032, which the party intends to prove at the second stage of the trial;

  (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 custodian 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 supplemental 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, protective orders, and sanctions for failure to comply with an applicable discovery rule or order, all of which shall also apply to any disclosure required by this section.

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(L. 1983 S.B. 276, A.L. 1984 S.B. 448 § A)

Effective 10-01-84