22-3213.Demands for production of statements and reports ofwitnesses.(1) In any criminal prosecution brought by the state of Kansas, nostatement or report in the possession of the prosecution which was made bya state witness or prospective state witness (other than the defendant)shall be the subject of subpoena, discovery, or inspection until saidwitness has testified on direct examination at the preliminary hearing orin the trial of the case.
(2) After a witness called by the state has testified on directexamination, the court shall, on motion of the defendant, order theprosecution to produce any statement (as hereinafter defined) of thewitness in the possession of the prosecution which relates to the subjectmatter as to which the witness has testified. If the entire contents of anysuch statement relate to the subject matter of the testimony of thewitness, the court shall order it to be delivered directly to the defendantfor his examination and use.
(3) If the prosecution claims that any statement ordered to be producedunder this section contains matter which does not relate to the subjectmatter of the testimony of the witness, the court shall order theprosecution to deliver such statement for the inspection of the court incamera. Upon such delivery the court shall excise the portions of suchstatement which do not relate to the subject matter of the testimony of thewitness. With such material excised, the court shall then direct deliveryof such statement to the defendant for his use. If, pursuant to suchprocedure, any portion of such statement is withheld from the defendant andthe defendant objects to such withholding, and the trial is continued to anadjudication of the guilt of the defendant, the entire text of suchstatement shall be preserved by the prosecution and, in the event thedefendant appeals, shall be made available to the appellate court for thepurpose of determining the correctness of the ruling of the trial judge.Whenever any statement is delivered to a defendant pursuant to thissection, the court in its discretion, upon application of said defendant,may recess proceedings in the trial for such time as it may determine to bereasonably required for the examination of such statement by said defendantand his preparation for its use in the trial.
(4) The term "statement," as used in subsections (2) and (3) of thissection in relation to any witness called by the prosecution means --
(a) a written statement made by said witness and signed or otherwiseadopted or approved by him; or
(b) a stenographic, mechanical, electrical, or other recording, or atranscription thereof, which is a substantially verbatim recital of an oralstatement made by said witness and recorded contemporaneously with themaking of such oral statement.
22-3213.Demands for production of statements and reports ofwitnesses.(1) In any criminal prosecution brought by the state of Kansas, nostatement or report in the possession of the prosecution which was made bya state witness or prospective state witness (other than the defendant)shall be the subject of subpoena, discovery, or inspection until saidwitness has testified on direct examination at the preliminary hearing orin the trial of the case.
(2) After a witness called by the state has testified on directexamination, the court shall, on motion of the defendant, order theprosecution to produce any statement (as hereinafter defined) of thewitness in the possession of the prosecution which relates to the subjectmatter as to which the witness has testified. If the entire contents of anysuch statement relate to the subject matter of the testimony of thewitness, the court shall order it to be delivered directly to the defendantfor his examination and use.
(3) If the prosecution claims that any statement ordered to be producedunder this section contains matter which does not relate to the subjectmatter of the testimony of the witness, the court shall order theprosecution to deliver such statement for the inspection of the court incamera. Upon such delivery the court shall excise the portions of suchstatement which do not relate to the subject matter of the testimony of thewitness. With such material excised, the court shall then direct deliveryof such statement to the defendant for his use. If, pursuant to suchprocedure, any portion of such statement is withheld from the defendant andthe defendant objects to such withholding, and the trial is continued to anadjudication of the guilt of the defendant, the entire text of suchstatement shall be preserved by the prosecution and, in the event thedefendant appeals, shall be made available to the appellate court for thepurpose of determining the correctness of the ruling of the trial judge.Whenever any statement is delivered to a defendant pursuant to thissection, the court in its discretion, upon application of said defendant,may recess proceedings in the trial for such time as it may determine to bereasonably required for the examination of such statement by said defendantand his preparation for its use in the trial.
(4) The term "statement," as used in subsections (2) and (3) of thissection in relation to any witness called by the prosecution means --
(a) a written statement made by said witness and signed or otherwiseadopted or approved by him; or
(b) a stenographic, mechanical, electrical, or other recording, or atranscription thereof, which is a substantially verbatim recital of an oralstatement made by said witness and recorded contemporaneously with themaking of such oral statement.
22-3213.Demands for production of statements and reports ofwitnesses.(1) In any criminal prosecution brought by the state of Kansas, nostatement or report in the possession of the prosecution which was made bya state witness or prospective state witness (other than the defendant)shall be the subject of subpoena, discovery, or inspection until saidwitness has testified on direct examination at the preliminary hearing orin the trial of the case.
(2) After a witness called by the state has testified on directexamination, the court shall, on motion of the defendant, order theprosecution to produce any statement (as hereinafter defined) of thewitness in the possession of the prosecution which relates to the subjectmatter as to which the witness has testified. If the entire contents of anysuch statement relate to the subject matter of the testimony of thewitness, the court shall order it to be delivered directly to the defendantfor his examination and use.
(3) If the prosecution claims that any statement ordered to be producedunder this section contains matter which does not relate to the subjectmatter of the testimony of the witness, the court shall order theprosecution to deliver such statement for the inspection of the court incamera. Upon such delivery the court shall excise the portions of suchstatement which do not relate to the subject matter of the testimony of thewitness. With such material excised, the court shall then direct deliveryof such statement to the defendant for his use. If, pursuant to suchprocedure, any portion of such statement is withheld from the defendant andthe defendant objects to such withholding, and the trial is continued to anadjudication of the guilt of the defendant, the entire text of suchstatement shall be preserved by the prosecution and, in the event thedefendant appeals, shall be made available to the appellate court for thepurpose of determining the correctness of the ruling of the trial judge.Whenever any statement is delivered to a defendant pursuant to thissection, the court in its discretion, upon application of said defendant,may recess proceedings in the trial for such time as it may determine to bereasonably required for the examination of such statement by said defendantand his preparation for its use in the trial.
(4) The term "statement," as used in subsections (2) and (3) of thissection in relation to any witness called by the prosecution means --
(a) a written statement made by said witness and signed or otherwiseadopted or approved by him; or
(b) a stenographic, mechanical, electrical, or other recording, or atranscription thereof, which is a substantially verbatim recital of an oralstatement made by said witness and recorded contemporaneously with themaking of such oral statement.
