State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_7B > GS_7B-2300

Article 23.

Discovery.

§ 7B‑2300.  Disclosureof evidence by petitioner.

(a)        Statement of theJuvenile. – Upon motion of a juvenile alleged to be delinquent, the court shallorder the petitioner:

(1)        To permit thejuvenile to inspect and copy any relevant written or recorded statements withinthe possession, custody, or control of the petitioner made by the juvenile orany other party charged in the same action; and

(2)        To divulge, inwritten or recorded form, the substance of any oral statement made by thejuvenile or any other party charged in the same action.

(b)        Names of Witnesses.– Upon motion of the juvenile, the court shall order the petitioner to furnishthe names of persons to be called as witnesses. A copy of the record ofwitnesses under the age of 16 shall be provided by the petitioner to thejuvenile upon the juvenile's motion if accessible to the petitioner.

(c)        Documents andTangible Objects. – Upon motion of the juvenile, the court shall order thepetitioner to permit the juvenile to inspect and copy books, papers, documents,photographs, motion pictures, mechanical or electronic recordings, tangibleobjects, or portions thereof:

(1)        Which are within thepossession, custody, or control of the petitioner, the prosecutor, or any lawenforcement officer conducting an investigation of the matter alleged; and

(2)        Which are materialto the preparation of the defense, are intended for use by the petitioner asevidence, or were obtained from or belong to the juvenile.

(d)        Reports ofExaminations and Tests. – Upon motion of a juvenile, the court shall order thepetitioner to permit the juvenile to inspect and copy results of physical ormental examinations or of tests, measurements, or experiments made inconnection with the case, within the possession, custody, or control of thepetitioner. In addition upon motion of a juvenile, the court shall order thepetitioner to permit the juvenile to inspect, examine, and test, subject toappropriate safeguards, any physical evidence or a sample of it or tests orexperiments made in connection with the evidence in the case if it is availableto the petitioner, the prosecutor, or any law enforcement officer conducting aninvestigation of the matter alleged, and if the petitioner intends to offer theevidence at trial.

(e)        Except as providedin subsections (a) through (d) of this section, this Article does not requirethe production of reports, memoranda, or other internal documents made by thepetitioner, law enforcement officers, or other persons acting on behalf of thepetitioner in connection with the investigation or prosecution of the case orof statements made by witnesses or the petitioner to anyone acting on behalf ofthe petitioner.

(f)         Nothing in thissection prohibits a petitioner from making voluntary disclosures in theinterest of justice. (1979, c. 815, s. 1; 1998‑202, s. 6.)