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Rule 127.11 – Discovery

May 13, 2021 | Family Law, Missouri

a. In any proceeding under subdivision (2) or (3) of subsection 1 of section 211.031, RSMo, within ten days of the detention hearing or, in the absence of a detention hearing, within ten days of the filing of the petition or motion to modify, the juvenile officer shall make available to all parties or their counsel the following documents and records, to the extent relevant to the allegations of the petition or motion to modify:

(1) law enforcement records, including police reports;
(2) written statements and videotapes, audiotapes or similar recordings of statements of the juvenile regarding the alleged offense;
(3) written statements and videotapes, audiotapes or similar recordings of statements of the victim regarding the alleged offense;
(4) reports and affidavits submitted to the juvenile officer supporting or requesting that the juvenile be taken into judicial custody or that a petition or motion to modify be filed;
(5) written statements and videotapes, audiotapes or similar recordings of statements of witnesses regarding the alleged offense;
(6) written statements and videotapes, audiotapes or similar recordings of statements of any other person charged regarding the alleged offense;
(7) any reports or statements of experts, including the results of physical or mental examinations and of scientific tests, experiments, or comparisons; and
(8) exculpatory evidence tending to negate the involvement of the juvenile in the alleged offense or mitigate the degree of the juvenile’s involvement in the alleged offense.
b. The obligation of the juvenile officer under Rule 127.11 a is limited to documents and records in his or her actual possession. The juvenile officer has no obligation under this Rule 127.11 to request or obtain the identified documents and records for any party.
c. The juvenile officer has a continuing obligation under this Rule 127.11 to make available to all parties within ten days of receipt any documents and records identified in this Rule 127.11 a that are subsequently obtained.
d. This Rule 127.11 shall not restrict any party from engaging in formal discovery in any proceeding under subdivision (2) of subsection 1 of section 211.031, RSMo, which shall be governed by Rules 41 to 101, or in any proceeding under subdivision (3) of subsection 1 of section 211.031, RSMo, which shall be governed by Rule 25.

Mo. R. Prac. P. Juv. Ct. & Fam. Ct. 127.11

Adopted May 20, 2009, eff. Jan. 1, 2010.

Comment

This Rule 127.11 establishes a procedure for informal production of specific documents and records that are relevant to the allegations of a petition or subsequent motion to modify.

Nothing in this Rule 127.11 prevents the court from entering a protective order for any document or record required to be made available by the juvenile officer pursuant to this Rule 127.11.

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