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(1) Information subject to disclosure by prosecution.

(A) The prosecution shall provide automatic and prompt disclosure of any exculpatory evidence which is known by the prosecution, or which by the exercise of due diligence may become known to the prosecution.

(B) Upon the defendant’s request, the prosecutor shall permit the defendant to inspect and copy or photograph: any relevant written or recorded statements made by the defendant, or copies of such statements made, within the possession, custody or control of the prosecution, the existence of which is known, or by the exercise of due diligence may become known, to the prosecution; the substance of any oral statement made by the defendant, which the prosecution intends to offer in evidence at the trial, whether made before or after arrest in response to interrogation by any person then unknown to the defendant to be an agent of the prosecution.

(C) Upon request of a defendant, the prosecution shall permit the defendant to inspect and copy or photograph books, reports, papers, documents, photographs, electronic surveillance, tangible objects, buildings or places, or copies or portions of such items, which are within the possession, custody, or control of the prosecution, and which are material to the preparation of the defense and are intended for use by the prosecution at trial, or were obtained from or belong to the defendant.

(D) Upon request of the defendant, the prosecution shall permit the defendant to inspect, copy, or photograph books, reports, papers, documents, photographs, tangible objects, buildings or places, or copies or portions of such examinations and tests which are within the possession, custody, or control of the prosecutor, the existence of which is known, or by the exercise of due diligence may become known, to the prosecution, and which are material to the preparation of the defense or are intended for use by the prosecutor at trial.

(E) Upon request of the defendant, the prosecution shall deliver to the defendant a list of witnesses which they intend to call. Failure of the prosecution to call any witness on the list shall not be grounds for comment by the defendant for failure to call that witness.

(a) Upon request, the defendant may interview any of the prosecution’s witnesses ex parte and without the prosecution present. The defendant may also record the encounter for impeachment purposes, and the prosecution shall make reasonable efforts to make the witnesses available for interview. If the defendant is unable to interview a witness, they may request a deposition for discovery purposes only. The Court may order a deposition if the witness requested is uncooperative. The Court may order any unreasonable party to bear the cost.

(b) The prosecution shall not interview the defendant without prior consent from the defendant.

(2) Information not subject to disclosure by prosecution.

(A) Except as provided in subsections (1)(B), (1)(C), and (1)(D) of this section, this rule shall not authorize the discovery or inspection of reports, memoranda, internal Tribal documents made by the prosecution or made by other agent(s) of the prosecution in connection with the investigation or prosecution of the case, as well as statements made by prosecution witnesses or prospective prosecution witnesses, or other work product or confidential evidence, unless ruled as exculpatory within the discretion of the judge.

(3) Information Subject to Disclosure by Defense.

(A) Documents and Tangible Objects. If the defendant requests disclosures under subsection (1)(C) or (1)(D) of this section, upon compliance with such request by the prosecution, the defendant, on request of the prosecution, shall permit the prosecution to inspect, copy or photograph books, reports, papers, documents, photographs, tangible objects, buildings or places, or copies or portions of such examinations and tests which are within the possession, custody, or control of the defendant and which the defendant intends to introduce as evidence at trial.

(B) Reports of Examinations and Tests. If the defendant requests disclosure under subsection (1)(D) or (1)(E) of this section, upon compliance with such request by the prosecution, the defendant, on request of the prosecution, shall permit the prosecution to inspect, copy, or photograph books, reports, papers, documents, photographs, tangible objects, buildings or places, or copies or portions of such examinations and tests which are within the possession, custody, or control of the defendant, which the defendant intends to introduce as evidence at trial or which were prepared by a witness whom the defendant intends to call at the trial when the results or reports relate to testimony.

(C) List of Witnesses. Upon request of the prosecution, the defendant shall deliver to the prosecution a list of witnesses which they intend to call. Failure of the defendant to call any witness on the list shall not be grounds for comment by the prosecution for failure to call that witness.

(a) Upon request, the prosecution may interview any of the defendant’s witnesses ex parte and without the defendant present. The prosecution may also record the encounter for impeachment purposes, and the defendant shall make reasonable efforts to make the witnesses available for interview. If the prosecution is unable to interview a witness, they may request a deposition for discovery purposes only. The Court may order a deposition if the witness requested is uncooperative. The Court may order any unreasonable party to bear the cost.

(b) The defendant shall not interview the victim without the prior consent of the victim.

(4) Information Not Subject to Disclosure by Defense.

(A) Except as to scientific or medical reports, this subsection does not authorize the discovery or inspection of reports, memoranda, or other internal defense documents made by the defendant, or their attorneys or agents in connection with the investigation or defense of the case, or of statements made by the defendant, or by defense witnesses, or by prospective defense witnesses, to the defendant, or the defendant’s agents or attorneys.

(5) A party who discovers additional evidence or material before or during trial must promptly disclose its existence to the other party or the Court if:

(A) The evidence or material is subject to discovery or inspection under this rule; and

(B) The other party previously requested, or the Court ordered, its production.

(6) At any time and for good cause, the Court may deny, restrict, or defer discovery or inspection, or grant other appropriate relief. Either party may show good cause by submitting a written statement that the Court will inspect ex parte. If relief is granted, the Court must preserve the entire text of the party’s statement under seal.

(A) If at any time during the course of the proceedings it is brought to the attention of the Court that a party has failed to comply with this rule, the Court may order such party to permit the discovery or inspection, grant a continuance, or prohibit the party from introducing evidence not disclosed, or it may enter any other order it deems just under the circumstances. The Court may specify the time, place, and manner of making discovery and inspection and may prescribe such terms and conditions as are just.