22-3212.Discovery and inspection.(a) Upon request, the prosecuting attorney shall permit thedefendant toinspect and copy or photograph the following, if relevant: (1)Written or recorded statementsor confessions made by the defendant, or copies thereof, which are or havebeen in the possession, custody or control of the prosecution, the existenceof which is known, or by the exercise of due diligence may become known,to the prosecutingattorney; (2) results or reports of physical or mentalexaminations, andof scientific tests or experiments made in connection with theparticular case, or copies thereof, the existence of which is known, orby the exercise of due diligence may become known, to the prosecutingattorney; (3) recorded testimony of the defendant before a grandjury orat an inquisition; and (4) memoranda of any oral confession made by thedefendant and a list of the witnesses to such confession, the existenceof which is known, or by the exercise of due diligence may become knownto the prosecuting attorney.
(b) Upon request, the prosecuting attorney shall permit the defendantto inspect and copy or photograph books, papers, documents, tangible objects,buildings or places, or copies, or portions thereof, which are or have beenwithin thepossession, custody or control of the prosecution, and which are materialto the case and will not place an unreasonable burden upon the prosecution.Except as provided in subsections (a)(2) and (a)(4), thissection does notauthorize the discovery or inspection of reports, memoranda or otherinternal government documents made by officers in connection with theinvestigation or prosecution of the case, or of statements made by statewitnesses or prospective state witnesses, other than thedefendant,except as may be provided by law.
(c) If the defendant seeks discovery and inspection undersubsection (a)(2) or subsection (b), the defendant shall permit theattorney for the prosecution to inspect and copy orphotograph scientific or medical reports, books, papers, documents,tangible objects, or copies or portions thereof, which the defendantintends to produce at any hearing, and which are material tothe case andwill not place an unreasonable burden on the defense. Except as to scientificor medical reports, this subsection does not authorize the discovery orinspection of reports, memoranda or other internal defense documentsmade by the defendant, or the defendant's attorneys or agents in connectionwith the investigation or defense of the case, or of statements made by thedefendant, or by prosecution or defense witnesses, or by prospectiveprosecution or defense witnesses, to the defendant, the defendant's agents orattorneys.
(d) The prosecuting attorney and the defendant shall cooperatein discoveryand reach agreement on the time, place and manner of making the discoveryand inspection permitted, so as to avoid the necessity for court intervention.
(e) Upon a sufficient showing the court may at any time order thatthe discovery or inspection be denied, restricted or deferred or makesuch other order as is appropriate. Upon motion, the court may permit eitherparty to make such showing, in whole or in part, in the form of a writtenstatement to be inspected privately by the court. If the court enters anorder granting relief following such a private showing, the entire textof the statement shall be sealed and preserved in the records of the courtto be made available tothe appellate court in the event of an appeal.
(f) Discovery under this section must be completed no later than 20 daysafter arraignment or at such reasonable later time as thecourt may permit.
(g) If, subsequent to compliance with an order issued pursuant tothis section, and prior to or during trial, a party discovers additionalmaterial previously requested or ordered which is subject to discoveryor inspection under this section, the party shall promptly notify the otherparty or the party's attorney or the court of the existence of the additionalmaterial. If at any time during the course of the proceedings it isbrought to the attention of the court that a party has failed to complywith this section or with an order issued pursuant to this section, thecourt may order such party to permit the discovery or inspection ofmaterials not previously disclosed, grant a continuance, or prohibit theparty from introducing in evidence the material not disclosed, or it mayenter such other order as it deems just under the circumstances.
(h) For crimes committed on or after July 1, 1993, the prosecutingattorney shall provide all prior convictions of the defendant known to theprosecuting attorney that would affect the determination of the defendant'scriminal history for purposes of sentencing under a presumptive sentencingguidelines system as provided in K.S.A. 21-4701et seq. and amendments thereto.
(i) The prosecuting attorney and defendant shall be permitted to inspectand copy any juvenile files and records of the defendant for the purpose ofdiscovering and verifying the criminal history of the defendant.
22-3212.Discovery and inspection.(a) Upon request, the prosecuting attorney shall permit thedefendant toinspect and copy or photograph the following, if relevant: (1)Written or recorded statementsor confessions made by the defendant, or copies thereof, which are or havebeen in the possession, custody or control of the prosecution, the existenceof which is known, or by the exercise of due diligence may become known,to the prosecutingattorney; (2) results or reports of physical or mentalexaminations, andof scientific tests or experiments made in connection with theparticular case, or copies thereof, the existence of which is known, orby the exercise of due diligence may become known, to the prosecutingattorney; (3) recorded testimony of the defendant before a grandjury orat an inquisition; and (4) memoranda of any oral confession made by thedefendant and a list of the witnesses to such confession, the existenceof which is known, or by the exercise of due diligence may become knownto the prosecuting attorney.
(b) Upon request, the prosecuting attorney shall permit the defendantto inspect and copy or photograph books, papers, documents, tangible objects,buildings or places, or copies, or portions thereof, which are or have beenwithin thepossession, custody or control of the prosecution, and which are materialto the case and will not place an unreasonable burden upon the prosecution.Except as provided in subsections (a)(2) and (a)(4), thissection does notauthorize the discovery or inspection of reports, memoranda or otherinternal government documents made by officers in connection with theinvestigation or prosecution of the case, or of statements made by statewitnesses or prospective state witnesses, other than thedefendant,except as may be provided by law.
(c) If the defendant seeks discovery and inspection undersubsection (a)(2) or subsection (b), the defendant shall permit theattorney for the prosecution to inspect and copy orphotograph scientific or medical reports, books, papers, documents,tangible objects, or copies or portions thereof, which the defendantintends to produce at any hearing, and which are material tothe case andwill not place an unreasonable burden on the defense. Except as to scientificor medical reports, this subsection does not authorize the discovery orinspection of reports, memoranda or other internal defense documentsmade by the defendant, or the defendant's attorneys or agents in connectionwith the investigation or defense of the case, or of statements made by thedefendant, or by prosecution or defense witnesses, or by prospectiveprosecution or defense witnesses, to the defendant, the defendant's agents orattorneys.
(d) The prosecuting attorney and the defendant shall cooperatein discoveryand reach agreement on the time, place and manner of making the discoveryand inspection permitted, so as to avoid the necessity for court intervention.
(e) Upon a sufficient showing the court may at any time order thatthe discovery or inspection be denied, restricted or deferred or makesuch other order as is appropriate. Upon motion, the court may permit eitherparty to make such showing, in whole or in part, in the form of a writtenstatement to be inspected privately by the court. If the court enters anorder granting relief following such a private showing, the entire textof the statement shall be sealed and preserved in the records of the courtto be made available tothe appellate court in the event of an appeal.
(f) Discovery under this section must be completed no later than 20 daysafter arraignment or at such reasonable later time as thecourt may permit.
(g) If, subsequent to compliance with an order issued pursuant tothis section, and prior to or during trial, a party discovers additionalmaterial previously requested or ordered which is subject to discoveryor inspection under this section, the party shall promptly notify the otherparty or the party's attorney or the court of the existence of the additionalmaterial. If at any time during the course of the proceedings it isbrought to the attention of the court that a party has failed to complywith this section or with an order issued pursuant to this section, thecourt may order such party to permit the discovery or inspection ofmaterials not previously disclosed, grant a continuance, or prohibit theparty from introducing in evidence the material not disclosed, or it mayenter such other order as it deems just under the circumstances.
(h) For crimes committed on or after July 1, 1993, the prosecutingattorney shall provide all prior convictions of the defendant known to theprosecuting attorney that would affect the determination of the defendant'scriminal history for purposes of sentencing under a presumptive sentencingguidelines system as provided in K.S.A. 21-4701et seq. and amendments thereto.
(i) The prosecuting attorney and defendant shall be permitted to inspectand copy any juvenile files and records of the defendant for the purpose ofdiscovering and verifying the criminal history of the defendant.
22-3212.Discovery and inspection.(a) Upon request, the prosecuting attorney shall permit thedefendant toinspect and copy or photograph the following, if relevant: (1)Written or recorded statementsor confessions made by the defendant, or copies thereof, which are or havebeen in the possession, custody or control of the prosecution, the existenceof which is known, or by the exercise of due diligence may become known,to the prosecutingattorney; (2) results or reports of physical or mentalexaminations, andof scientific tests or experiments made in connection with theparticular case, or copies thereof, the existence of which is known, orby the exercise of due diligence may become known, to the prosecutingattorney; (3) recorded testimony of the defendant before a grandjury orat an inquisition; and (4) memoranda of any oral confession made by thedefendant and a list of the witnesses to such confession, the existenceof which is known, or by the exercise of due diligence may become knownto the prosecuting attorney.
(b) Upon request, the prosecuting attorney shall permit the defendantto inspect and copy or photograph books, papers, documents, tangible objects,buildings or places, or copies, or portions thereof, which are or have beenwithin thepossession, custody or control of the prosecution, and which are materialto the case and will not place an unreasonable burden upon the prosecution.Except as provided in subsections (a)(2) and (a)(4), thissection does notauthorize the discovery or inspection of reports, memoranda or otherinternal government documents made by officers in connection with theinvestigation or prosecution of the case, or of statements made by statewitnesses or prospective state witnesses, other than thedefendant,except as may be provided by law.
(c) If the defendant seeks discovery and inspection undersubsection (a)(2) or subsection (b), the defendant shall permit theattorney for the prosecution to inspect and copy orphotograph scientific or medical reports, books, papers, documents,tangible objects, or copies or portions thereof, which the defendantintends to produce at any hearing, and which are material tothe case andwill not place an unreasonable burden on the defense. Except as to scientificor medical reports, this subsection does not authorize the discovery orinspection of reports, memoranda or other internal defense documentsmade by the defendant, or the defendant's attorneys or agents in connectionwith the investigation or defense of the case, or of statements made by thedefendant, or by prosecution or defense witnesses, or by prospectiveprosecution or defense witnesses, to the defendant, the defendant's agents orattorneys.
(d) The prosecuting attorney and the defendant shall cooperatein discoveryand reach agreement on the time, place and manner of making the discoveryand inspection permitted, so as to avoid the necessity for court intervention.
(e) Upon a sufficient showing the court may at any time order thatthe discovery or inspection be denied, restricted or deferred or makesuch other order as is appropriate. Upon motion, the court may permit eitherparty to make such showing, in whole or in part, in the form of a writtenstatement to be inspected privately by the court. If the court enters anorder granting relief following such a private showing, the entire textof the statement shall be sealed and preserved in the records of the courtto be made available tothe appellate court in the event of an appeal.
(f) Discovery under this section must be completed no later than 20 daysafter arraignment or at such reasonable later time as thecourt may permit.
(g) If, subsequent to compliance with an order issued pursuant tothis section, and prior to or during trial, a party discovers additionalmaterial previously requested or ordered which is subject to discoveryor inspection under this section, the party shall promptly notify the otherparty or the party's attorney or the court of the existence of the additionalmaterial. If at any time during the course of the proceedings it isbrought to the attention of the court that a party has failed to complywith this section or with an order issued pursuant to this section, thecourt may order such party to permit the discovery or inspection ofmaterials not previously disclosed, grant a continuance, or prohibit theparty from introducing in evidence the material not disclosed, or it mayenter such other order as it deems just under the circumstances.
(h) For crimes committed on or after July 1, 1993, the prosecutingattorney shall provide all prior convictions of the defendant known to theprosecuting attorney that would affect the determination of the defendant'scriminal history for purposes of sentencing under a presumptive sentencingguidelines system as provided in K.S.A. 21-4701et seq. and amendments thereto.
(i) The prosecuting attorney and defendant shall be permitted to inspectand copy any juvenile files and records of the defendant for the purpose ofdiscovering and verifying the criminal history of the defendant.
