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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 |
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