TITLE LIX
PROCEEDINGS IN CRIMINAL CASES

CHAPTER 592-B
CRIMINAL PROCEDURE IN SUPERIOR COURT

Section 592-B:6

    592-B:6 Discovery. –
I. Prior to indictment, the accused shall have the same rights to discovery and deposition as the accused has subsequent to indictment, provided that all judicial proceedings with respect thereto shall be within the jurisdiction of the superior court, and notice of petition and hearing shall be given to the county attorney, or to the attorney general if the attorney general shall have entered the case.
II. For incarcerated defendants, the state shall provide or make available to defense counsel, or directly to the defendant if he or she is not represented by an attorney, copies of all discovery in its possession, no more than 10 calendar days after the arraignment of the defendant, unless otherwise ordered by the court. For non-incarcerated defendants, the state shall provide or make available to defense counsel, or directly to the defendant if he or she is not represented by an attorney, copies of all discovery in its possession, no more than 20 calendar days after the arraignment of the defendant, unless otherwise ordered by the court. The state may request an extension of the discovery deadlines for complex case types.
III. The court may, upon motion, authorize the delay of the provision of discovery materials to the defense. Under such circumstances, the court shall make findings in support of its order and shall set a new date for the provision of such materials to the defense.
IV. If the court has determined that discovery has not been provided pursuant to the timeline established in paragraph II or III, and the defendant has not been indicted, the court shall schedule a probable cause hearing without unreasonable delay as a matter of right.
V. The state shall have a continuing obligation to provide discovery to defendants as it becomes available.

Source. 2015, 249:2, eff. Jan. 1, 2016, July 1, 2016 and Oct. 1, 2017.