(1) Except for good cause shown, not later than forty-eight (48) hours prior to trial, the attorney for the Commonwealth shall produce all statements of any witness in the form of a document or recording in its possession which relates to the subject matter of the witness’s testimony and which (a) has been signed or initialed by the witness or (b) is or purports to be a substantially verbatim statement made by the witness. Such statement shall be made available for examination and use by the defendant. (2) If the Commonwealth claims that a statement to be produced under this Rule 7.26 does not relate to the subject matter of the witness’s testimony, the court shall examine the statement privately and,, before making it available for examination and use by the defendant, excise the portions that do not so relate. The entire text of the statement shall be sealed and preserved in the records of the court to be made available to the appellate court in the event of an appeal by the defendant.
Ky. R. Crim. P. RCr 7.26
Amended by Order 96-1, eff. 1-1-97; prior amendments eff. 1-1-86, 9-1-81; adopted eff. 1-1-65
