(a) Motion for production. – After a witness other than the defendant has testified on direct examination, the court, on motion of a party who did not call the witness, shall order the attorney general or the defendant and the defendant’s attorney, as the case may be, to produce, for the examination and use of the moving party, any statement of the witness that is in their possession and that relates to the subject matter concerning which the witness has testified. For purposes of the application of this subdivision at a hearing on a motion to suppress evidence under Rule 12(b) (3), a law enforcement officer shall be deemed a witness called by the State.(b) Production of entire statement. – If the entire contents of the statement relate to the subject matter concerning which the witness has testified, the court shall order that the statement be delivered to the moving party.(c) Production of excised statement. – If the other party claims that the statement contains privileged information or matter that does not relate to the subject matter concerning which the witness has testified, the court shall order that it be delivered to the court in camera. Upon inspection, the court shall excise the portions of the statement that are privileged or that do not relate to the subject matter concerning which the witness has testified, and shall order that the statement, with such material excised, be delivered to the moving party. Any portion of the statement that is withheld from the defendant over the defendant’s objection shall be preserved by the attorney general, and, in the event of a conviction and an appeal by the defendant, shall be made available to the Supreme Court for the purpose of determining the correctness of the decision to excise the portion of the statement.(d) Recess for examination of statement. – Upon delivery of the statement to the moving party, the court, upon application of that party, may recess the proceedings for the examination of such statement and for preparation for its use in the proceedings.(e) Sanction for failure to produce statement. – If the other party elects not to comply with an order to deliver a statement to the moving party at a trial, the court shall order that the testimony of the witness be stricken from the record and that the trial proceed, or, if it is the attorney general who elects not to comply, shall declare a mistrial if required by the interest of justice. If the other party elects not to comply at an evidentiary hearing, the court shall not consider the affidavit or testimony of the witness.(f) Definition. – As used in this rule, a “statement” of a witness means:
(1) A written statement made by the witness that is signed or otherwise adopted or approved by the witness;(2) A substantially verbatim recital of an oral statement made by the witness that is recorded contemporaneously with the making of the oral statement and that is contained in a stenographic, mechanical, electrical, or other recording or a transcription thereof; or(3) A statement, however taken or recorded, or a transcription thereof, made by the witness to a grand jury.(g) Scope of rule. – This rule shall apply at trials and evidentiary hearings in criminal proceedings.
