State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15A > GS_15A-904

§ 15A‑904.  Disclosureby the State – Certain information not subject to disclosure.

(a)        The State is notrequired to disclose written materials drafted by the prosecuting attorney orthe prosecuting attorney's legal staff for their own use at trial, includingwitness examinations, voir dire questions, opening statements, and closingarguments. Disclosure is also not required of legal research or of records,correspondence, reports, memoranda, or trial preparation interview notesprepared by the prosecuting attorney or by members of the prosecutingattorney's legal staff to the extent they contain the opinions, theories,strategies, or conclusions of the prosecuting attorney or the prosecutingattorney's legal staff.

(al)       The State is notrequired to disclose the identity of a confidential informant unless thedisclosure is otherwise required by law.

(a2)      The State is notrequired to provide any personal identifying information of a witness beyondthat witness's name, address, date of birth, and published phone number, unlessthe court determines upon motion of the defendant that such additionalinformation is necessary to accurately identify and locate the witness.

(b)        Nothing in thissection prohibits the State from making voluntary disclosures in the interestof justice nor prohibits a court from finding that the protections of thissection have been waived.

(c)        This section shallhave no effect on the State's duty to comply with federal or Stateconstitutional disclosure requirements. (1973, c. 1286, s. 1; 1975, c. 166, s. 27; 2004‑154,s. 5; 2007‑377, s. 2.)