Rule 12.4 - Disclosure Statement(a) WHO MUST FILE. (1)Nongovernmental Corporation. Any nongovernmental corporate party must file a statement identifying the party's parent corporation and subsidiaries and any publicly held corporation that holds 10% or more of its stock.(2)Partnership. Any partnership that is a party must file a statement identifying all partners, including silent partners.(3)Organizational Victim. On order of the court, the government must file a statement identifying any organizational victim of the alleged criminal activity. If the organizational victim is a corporation or partnership, the statement must also disclose the information required by Rule 12.4(a)(1) or (2) to the extent it can be obtained through due diligence.(b) TIME TO FILE; LATER FILING. A party must:(1) file the Rule 12.4(a) statement within 28 days after the defendant's initial appearance or the court's order; and(2) promptly file a later statement if any required information changes. COMMENT TO 2020 AMENDMENTS
New subsection (a)(3), addressing disclosure of organizational victims, differs from its federal counterpart. Based on the high volume of cases, the Superior Court provision requires the government to file a statement identifying an organizational victim only if ordered by the court.
Subsections (b)(1) and (2) were amended consistent with the 2018 amendments to Federal Rule of Criminal Procedure 12.4.
COMMENT TO 2016 AMENDMENTS
This is a new rule.
Paragraph (a) differs from the federal rule by adopting language from District of Columbia Court of Appeals Rule 28. Specifically, it expands the requirement of filing a disclosure statement to include corporate subsidiaries and partnerships. In addition, the disclosure requirement covers institutional parties but not institutional victims.
Paragraph (b) is identical to the federal rule.