More Categories

Rule 26.2 – Production of statements of witnesses

May 14, 2021 | Criminal Procedure, Wyoming

(a) Order for production. –

Upon order of the court, the attorney for the state or the defendant and the defendant’s attorney shall produce for the examination and use of the other party, any written or recorded statement of a witness other than the defendant in their possession or which they may reasonably obtain and which relates to the subject matter about which the witness has testified or will testify and:

(1) Upon demand of the other party, the court shall order the statement to be produced after a witness has testified; and
(2) Upon motion of a party or upon its own motion, the court may require the statement to be produced at any time before trial.
(b) Production of entire statement. –

If the entire contents of the statement relate to the subject matter of the witness’s testimony, the court shall order that the statement be produced.

(c) Production of excised statement. –

If a party claims that the statement contains matter that does not relate to the subject matter of the witness’s testimony, 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 do not relate to the subject matter of the witness’s testimony, and shall order that the statement, with such material excised, be produced. Any portion of the statement that is withheld over objection shall be preserved by the court, and, in the event of an appeal by the defendant or a bill of exceptions by the state, shall be made available to the appellate court for the purpose of determining the correctness of the decision to excise portions of the statement.

(d) Recess for examination of statement. –

After delivery of the statement to the other party, the court, upon application of that party, may recess proceedings in the trial for the examination of the statement and for preparation for its use in the trial.

(e) Failure to comply with order. –

If a party elects not to comply with an order to deliver a statement, the court shall order:

(1) That the witness not be permitted to testify; or
(2) That the testimony of the witness be stricken from the record and that the trial proceed; or
(3) If it is the attorney for the state who elects not to comply, shall declare a mistrial if required in the interest of justice.
(f) Definition. –

As used in this rule, a “statement” of a witness means:

(1) A written statement that is signed or otherwise adopted or approved by the witness or an oral statement made by the witness and contained in a stenographic, mechanical, electrical, or other recording, or a transcript thereof; or
(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.

“Statement” does not include the work product of attorneys.

Wyo. R. Prac. & P. 26.2

amended July 22, 1993, effective October 19, 1993