Before any disclosure or discovery can be sought under these rules by either party, counsel for the parties shall make a good faith effort to resolve all questions of discovery, and to provide information required or requested under these rules as to which there is no dispute. When there are items requested by one party which the other party has refused to disclose, the demanding party may make appropriate motion. Such motion shall be made within 14 days after arraignment, unless the time for filing is extended by the court. In such motion the party must set forth the fact that a good faith effort to discuss the requested material has taken place and proved unsuccessful. Nothing in this provision shall delay the disclosure of any items agreed upon by the parties pending resolution of any motion for discovery.
In all court cases, on request by the defendant, and subject to any protective order which the Commonwealth might obtain under this rule, the Commonwealth shall disclose to the defendant’s attorney all of the following requested items or information, provided they are material to the instant case. The Commonwealth shall, when applicable, permit the defendant’s attorney to inspect and copy or photograph such items.
If, prior to or during trial, either party discovers additional evidence or material previously requested or ordered to be disclosed by it, which is subject to discovery or inspection under this rule, or the identity of an additional witness or witnesses, such party shall promptly notify the opposing party or the court of the additional evidence, material, or witness.
If at any time during the course of the proceedings it is brought to the attention of the court that a party has failed to comply with this rule, the court may order such party to permit discovery or inspection, may grant a continuance, or may prohibit such party from introducing evidence not disclosed, other than testimony of the defendant, or it may enter such other order as it deems just under the circumstances.
Upon a sufficient showing, the court may at any time order that the discovery or inspection be denied, restricted, or deferred, or make such other order as is appropriate. Upon motion of any party, the court may permit the showing to be made, in whole or in part, in the form of a written statement to be inspected by the court in camera. If the court enters an order granting relief following a showing in camera, 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(s) in the event of an appeal.
Disclosure shall not be required of legal research or of records, correspondence, reports, or memoranda to the extent that they contain the opinions, theories, or conclusions of the attorney for the Commonwealth or the attorney for the defense, or members of their legal staffs.
234 Pa. Code ยง 573
Committee Explanatory Reports:
Report explaining the September 3, 1993 amendments published at 21 Pa.B. 3681 (August 17, 1991) .
Final Report explaining the May 13, 1996 amendments published with the Court’s Order at 26 Pa.B. 2488 (June 1, 1996) .
Final Report explaining the July 28, 1997 Comment revision deleting the references to the ABA Standards published with the Court’s Order at 27 Pa.B. 3997 (August 9, 1997) .
Final Report explaining the August 28, 1998 Comment revision concerning disclosure of remuneration published with the Court’s Order at 28 Pa.B. 4883 (October 3, 1998) .
Final Report explaining the March 1, 2000 reorganization and renumbering of the rules published with the Court’s Order at 30 Pa.B. 1478 (March 18, 2000) .
Final Report explaining the March 3, 2004 amendments to paragraphs (A) , (C) (1) (a) , and (C) (1) (b) , and the revision to the Comment adding the reference to Rules 575 and 576 published with the Court’s Order at 34 Pa.B. 1561 (March 20, 2004) .
Final Report explaining the March 26, 2004 Comment revision concerning costs of copying discovery materials published with the Court’s Order at 34 Pa.B. 1933 (April 10, 2004) .
Final Report explaining the January 27, 2006 changes to paragraph (C) deleting the notice of defenses of alibi, insanity, and mental infirmity published with the Court’s Order at 36 Pa.B. 700 (February 11, 2006) .
Final Report explaining the June 21, 2012 amendments concerning discovery when case is indicted by grand jury published with the Court’s Order at 42 Pa.B. 4153 (July 7, 2012) .