City of Wichita - Rules of the Municipal Court Rule 14: Discovery
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Wichita Municipal Court
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455 North Main
Wichita, Kansas 67202

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Monday-Friday

Phone: (316) 268-4611
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Rule 14: Discovery

14.1 The Code of Criminal Procedure, including the provisions of K.S.A. 1996 Supp. 22-3211 and 22-3212, and as amended, and Charter Ordinance No. 122, Section 7, shall govern, insofar as applicable, the procedure for discovery, except as may otherwise be provided within these Rules.
14.2 Prior to trial the defendant shall have the right to examine all relevant materials in the possession of the prosecution and the Wichita Police Department by making a written request to the City Prosecutor, upon approval by a municipal court judge, and upon payment of the prescribed fee by the Wichita Police Department for the cost of reproduction of any written reports, tests or other materials. The parties should be aware that a request for discovery filed with the Wichita Police Department Records Divisions will produce only those written materials available in the WPD Case file jacket at the time of such request. It remains incumbent upon the parties to check and to confer prior to trial or disposition of the case for any additional written reports, memoranda or other materials which (1) may be transcribed or filed in the WPD case jacket subsequent to the request for discovery; and (2) may be located outside the WPD case jacket (i.e., police officer personal notes, police dispatcher tapes, video tapes, breathalyzer logs, radar certification, and items held in the WPD Property and Evidence Division, etc.).
14.3 If a defendant is represented by counsel, then only such counsel is entitled to discovery pursuant to Rule No. 14.2. If a defendant is not represented by counsel, and has executed a waiver of counsel form approved by a municipal court judge, such pro se defendant may obtain discovery pursuant to Rule No. 14.2.
14.4 If a defendant is indigent, the court may order that the reproduction or duplication fees for discovery under Rule No. 14.2 be waived in the interests of justice.
14.5 If discovery is requested by the defense pursuant to the provisions of this Rule, the defense shall thereafter disclose any reciprocal discovery as required by law, including notice of any defense of mental defect or disability affecting criminal intent, scientific reports, and notice of alibi defense.
14.6 Whenever either party refuses to approve a written request for discovery, the requesting party shall set a discovery motion for hearing pursuant to the Rules herein relating to Motion Practice and to Pre-Trial Conference and Motion Dockets.

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Related to
Rules of the Municipal Court
Main
Rule 01: Prefatory Rule
Rule 02: Definitions
Rule 03: Court Hours
Rule 04: Presiding or Administrative Judge
Rule 05: Judges Pro Tempore
Rule 06: Appearance Bonds
Rule 07: Procedures Involving Notices to Appear
Rule 08: Counsel
Rule 09: Daily Docket - Sessions
Rule 10: General Rules of Court Decorum and Safety
Rule 11: Court Appearances - Failure to Appear
Rule 12: General Practice and Procedure
Rule 13: Diversions and Deferred Judgment Practice
Rule 14: Discovery
Rule 15: Motion Practice
Rule 17: Docket Call, Arraignment, and Trial Practice
Rule 18: Continuances
Rule 19: Dismissals
Rule 20: Costs, Fees and Conditions of Release After Sentence
Rule 21: Post-Trial Matters
Rule 22: Appeals
Rule 23: Expungement
Rule 24: Administrative Traffic Court
Rule 25: Impound Hearings and Civil Rights Administrative Hearings
Rule 26: Publication of Rules


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