Rule 16 - Discovery and Inspection(a) Statements of persons charged; reports of examinations and tests. The person charged may serve upon the Attorney General a request to permit the person charged or someone acting in that person's behalf to inspect and copy or photograph any relevant (1) written or recorded statements or confessions made by the person charged, or a co-defendant (whether or not charged as a principal, accomplice or accessory in the same or in a separate proceeding), or copies thereof, and the substance of any oral statement which the State intends to offer in evidence at the trial made by the person charged whether before or after apprehension in response to interrogation by any person then known to the person charged to be a state agent which are known by the Attorney General to be within the possession, custody or control of the State, (2) written reports of autopsies, ballistics tests, fingerprint analysis, handwriting analysis, blood, urine and breath tests, and written reports of physical or mental examination of the person charged or the alleged victim by a physician, dentist or psychologist made in connection with the particular case, or copies thereof, which are known by the Attorney General to be within the possession, custody or control of the State.(b) Other books, papers, documents or tangible objects. The person charged may serve upon the Attorney General a request to permit the person charged or someone acting on that person's behalf to inspect and copy or photograph designated books, papers, documents, tangible objects, buildings or places, copies or portions thereof which are within the possession, custody or control of the State, upon a showing that the items sought may be material to the preparation of defense and that the request is reasonable. This subdivision does not authorize the discovery or inspection of reports, memoranda, or other internal State documents made by agents in connection with the investigation or prosecution of the case, except as provided in subdivision (a) of this Rule, or of statements made by State witnesses or prospective State witnesses (other than the person charged or a co-defendant) to agents of the State.(c) Discovery by the State. If a person charged requests materials designated in subsection (a)(2) of this Rule, the State may request the person charged to permit the State to inspect, copy or photograph any written reports designated under subdivision (a)(2) of this Rule which may be within the possession, custody or control of the person charged. Provided, however, with respect to any such condition imposed upon the person charged, the Court must be satisfied that the Attorney General has shown good cause therefor, that the items sought are material, that the imposition of any such condition is reasonable, and that the best interest of justice will be served thereby.(d) Procedure. The request under subdivisions (a) and (b) may, without leave of Court, be served after commencement of the action not later than ten days after arraignment, or at such reasonable later time as the Court may permit. The request under subdivision (c) may, without leave of Court, be served not later than 10 days after service upon the Attorney General or a request by the person charged for materials designated in subsection (a)(2), or such reasonable later time as the Court may permit. The request shall set forth the items to be inspected either by individual item or by category and shall describe each item and category with reasonable particularity. The request shall specify a reasonable time, place and manner of making the inspection and performing the related acts. The party upon whom the request is served shall in turn serve a written response within 20 days after service of the request. The Court may fix a shorter or longer time for response. The response shall state, with respect to each item or category, that inspection and related activities will be permitted as requested, unless the request is objected to, in which event the reasons for objection shall be stated. If objection is made to part of an item or category, the part shall be specified. If objection be made by the Attorney General to the time, place and manner of making inspection and performing the related acts, and that is the sole nature of the objection, the Attorney General will specify an alternative time, place and manner in the course of objecting to the request, but in no event shall the response of the Attorney General suggest a time later than 10 days prior to trial.
If a party fails to respond that inspection will be permitted as requested or fails to permit inspection as requested, the discovering party may move for an order compelling inspection in accordance with the request. Any motion with respect to any objection to or other failure to respond to the request or any part thereof, or any failure to permit inspection as requested, shall be made within 10 days after the time for response to the request, or at such reasonable later time as the Court may permit.
(e) Protective orders. 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 by the State, the Court may permit the State to make such showing 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 State's statement shall be sealed and preserved in the records of the Court to be made available to the appellate court in the event of an appeal by the person charged. (f) Continuing duty to disclose; failure to comply. If, subsequent to disposition of a motion filed under this Rule, and prior to or during trial, a party discovers additional material previously requested, or falling within the scope of an order previously entered, which is subject to discovery or inspection under the Rule, the party shall promptly notify the other party or counsel or the Court of the existence of the additional material. 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 or with an order issued pursuant to this Rule, the Court may order such party to permit the discovery or inspection of materials not previously disclosed, grant a continuance, or prohibit the party from introducing in evidence material not disclosed, or it may enter such other order as it deems just under the circumstances. Del. Fam. Ct. R. Crim. P. 16