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Rule 16.1 – Disclosure to the Prosecution

May 14, 2021 | Criminal Procedure, Vermont

(a) The Person of the Defendant.

(1) Notwithstanding the initiation of judicial proceedings, and subject to constitutional limitations, upon motion and notice a judicial officer may require the defendant to:

(A) appear in a line-up;
(B) speak for identification by witnesses to an offense;
(C) be fingerprinted;
(D) pose for photographs;
(E) try on articles of clothing;
(F) permit the taking of specimens of material under his fingernails;
(G) permit the taking of samples of blood, hair, and other material of his body which involve no unreasonable intrusion thereof;
(H) provide specimens of his handwriting; and
(I) submit to a reasonable physical or medical inspection of his body or, if notice is given by the defendant that sanity is in issue or that expert testimony will be offered as provided in Rule 12.1, to a reasonable mental examination by a psychiatrist or other expert.
(2) Reasonable notice of the time and place of any personal appearance of the defendant required for the foregoing purposes shall be given by the prosecuting attorney to the defendant and his attorney. Provision may be made for appearances for such purposes in an order admitting the defendant to bail or providing for his release.
(b) Medical and Scientific Reports. Subject to constitutional limitations, the court may require that the prosecuting attorney be informed of and permitted to inspect and copy or photograph any reports or results, or testimony relative thereto, of physical or mental examinations or of scientific tests, experiments or comparisons, or any other reports or statements of experts which the defense intends to use at a hearing or trial. In ordering such discovery, the court shall protect against disclosure of the mental impressions, conclusions, opinions, or legal theories of defendant’s attorney or other representative of the defendant.
(c) Witnesses. On request of the prosecuting attorney, the defendant’s attorney shall disclose the names and addresses of persons whom the defendant’s attorney intends to call as witnesses at the trial, provided that the prosecuting attorney and agents of the prosecuting attorney may thereafter interview any such witnesses not on the list supplied by the prosecuting attorney under Rule 16(a)(1), other than law enforcement officers who have participated in the investigation, only in the presence of defendant’s attorney or by deposition under Rule 15. The fact that a witness’ name is on a list furnished under this subdivision and that the witness is not called shall not be commented upon at the trial.

Vt. R. Crim. P. 16.1

Amended Dec. 19, 1973, eff. Jan. 1, 1974; Dec. 8, 1981, eff. March 1, 1982; Jan. 14, 1985, eff. March 15, 1985; Feb. 24, 2010, eff. April 26, 2010.

Reporter’s Notes-2010 Amendment

Rule 16.1(c) is amended to create an exception to the general rule that the prosecution may interview witnesses disclosed under this subdivision only in the presence of the defense attorney or by deposition. The exception would allow the prosecutor to speak privately to law enforcement officers who have participated in the investigation. The purpose of the exception is to ensure that prosecutors are able to discuss and prepare their cases with the investigating officers without limitation. The amendment also eliminates several masculine pronouns in the interest of gender neutrality.

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