State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15A > GS_15A-905

§ 15A‑905.  Disclosureof evidence by the defendant – Information subject to disclosure.

(a)        Documents andTangible Objects. – If the court grants any relief sought by the defendantunder G.S. 15A‑903, the court must, upon motion of the State, order thedefendant to permit the State to inspect and copy or photograph books, papers,documents, photographs, motion pictures, mechanical or electronic recordings,tangible objects, or copies or portions thereof which are within thepossession, custody, or control of the defendant and which the defendantintends to introduce in evidence at the trial.

(b)        Reports ofExaminations and Tests. – If the court grants any relief sought by thedefendant under G.S. 15A‑903, the court must, upon motion of the State,order the defendant to permit the State to inspect and copy or photographresults or reports of physical or mental examinations or of tests, measurementsor experiments made in connection with the case, or copies thereof, within thepossession and control of the defendant which the defendant intends tointroduce in evidence at the trial or which were prepared by a witness whom thedefendant intends to call at the trial, when the results or reports relate tohis testimony. In addition, upon motion of the State, the court must order thedefendant to permit the State to inspect, examine, and test, subject toappropriate safeguards, any physical evidence or a sample of it available tothe defendant if the defendant intends to offer such evidence, or tests orexperiments made in connection with such evidence, as an exhibit or evidence inthe case.

(c)        Notice of Defenses,Expert Witnesses, and Witness Lists. – If the court grants any relief sought bythe defendant under G.S. 15A‑903, or if disclosure is voluntarily made bythe State pursuant to G.S. 15A‑902(a), the court must, upon motion of theState, order the defendant to:

(1)        Give notice to theState of the intent to offer at trial a defense of alibi, duress, entrapment,insanity, mental infirmity, diminished capacity, self‑defense, accident,automatism, involuntary intoxication, or voluntary intoxication. Notice ofdefense as described in this subdivision is inadmissible against the defendant.Notice of defense must be given within 20 working days after the date the case isset for trial pursuant to G.S. 7A‑49.4, or such other later time as setby the court.

a.         As to the defense ofalibi, the court may order, upon motion by the State, the disclosure of theidentity of alibi witnesses no later than two weeks before trial. If disclosureis ordered, upon a showing of good cause, the court shall order the State todisclose any rebuttal alibi witnesses no later than one week before trial. Ifthe parties agree, the court may specify different time periods for thisexchange so long as the exchange occurs within a reasonable time prior totrial.

b.         As to only thedefenses of duress, entrapment, insanity, automatism, or involuntaryintoxication, notice by the defendant shall contain specific information as tothe nature and extent of the defense.

(2)        Give notice to theState of any expert witnesses that the defendant reasonably expects to call asa witness at trial. Each such witness shall prepare, and the defendant shallfurnish to the State, a report of the results of the examinations or testsconducted by the expert. The defendant shall also furnish to the State theexpert's curriculum vitae, the expert's opinion, and the underlying basis forthat opinion. The defendant shall give the notice and furnish the materialsrequired by this subdivision within a reasonable time prior to trial, asspecified by the court.

(3)        Give the State, atthe beginning of jury selection, a written list of the names of all otherwitnesses whom the defendant reasonably expects to call during the trial. Namesof witnesses shall not be subject to disclosure if the defendant certifies inwriting and under seal to the court that to do so may subject the witnesses orothers to physical or substantial economic harm or coercion, or that there isother particularized, compelling need not to disclose. If there are witnessesthat the defendant did not reasonably expect to call at the time of theprovision of the witness list, and as a result are not listed, the court upon agood faith showing shall allow the witnesses to be called. Additionally, in theinterest of justice, the court may in its discretion permit any undisclosedwitness to testify.

(d)        If the defendantvoluntarily provides discovery under G.S. 15A‑902(a), the disclosureshall be to the same extent as required by subsection (c) of this section. (1973, c. 1286, s. 1; 1975,c. 166, s. 27; 2004‑154, s. 6.)