§ 16-89-115 — Documents - Production where in possession of state

Arkansas § 16-89-115

• Jurisdiction: Arkansas
• Title: 16

Text

(a) In any criminal prosecution brought by the State of Arkansas, no statement or report in the possession of the state which was made by a state witness or prospective state witness, other than the defendant, to an agent of the state shall be subject to subpoena, discovery, or inspection until the witness has testified on direct examination in the trial of the case. (b) After a witness called by the state has testified on direct examination, the court on motion of the defendant shall order the state to produce any statement, as defined in subsection (e) of this section, of the witness in the possession of the state which relates to the subject matter as to which the witness has testified. If the entire contents of the statement relate to the subject matter of the testimony of the witness, the court shall order it to be delivered directly to the defendant for his or her examination and use. (c) (1) If the state claims that any statement ordered to be produced under this section contains matter which does not relate to the subject matter of the testimony of the witness, the court shall order the state to deliver the statement for the inspection of the court in camera. (2) Upon the delivery, the court shall excise the portions of the statement which do not relate to the subject matter of the testimony of the witness. (3) With the material excised, the court shall then direct delivery of the statement to the defendant for his or her use. (4) If, pursuant to the procedure, any portion of the statement is withheld from the defendant and the defendant objects to the withholding, and the trial is continued to an adjudication of the guilt of the defendant, the entire text of the statement shall be preserved by the state and, in the event the defendant appeals, shall be made available to the appellate court for the purpose of determining the correctness of the ruling of the trial judge. (5) Whenever any statement is delivered to a defendant pursuant to this section, the court, in its discretion and upon application of the defendant, may recess proceedings in the trial for such time as it may determine to be reasonably required for the examination of the statement by the defendant and his or her preparation for its use in the trial. (d) If the state elects not to comply with an order of the court under subsection (b) or (c) of this section to deliver to the defendant any statement, or portion thereof, as the court may direct, the court shall strike from the record the testimony of the witness and the trial shall proceed unless the court in its discretion shall determine that the interests of justice require that a mistrial be declared. (e) The term "statement", as used in this section in relation to any witness called by the state, means: (1) A written statement made by the witness and signed or otherwise adopted or approved by him or her; or (2) A stenographic, mechanical, electrical, or other recording, or a transcription thereof, which is a substantially verbatim recital of an oral statement made by the witness to an agent of the state and recorded contemporaneously with the making of the oral statement. (f) The provisions of this section shall be applicable to the district, city, and circuit courts of this state.

Legislative History

Acts 1971, No. 381, §§ 3, 4; A.S.A. 1947, §§ 43-2011.3, 43-2011.4; Acts 2003, No. 1185, § 211; 2003, No. 1185, §§ 211, 212.