(a) Availability. Every petition submitted by the petitioner shall have supporting documents attached. The reports or documents shall be available to the respondent or the respondent's attorney of record for inspection and copying.(b) Discovery by the Respondent. Upon written request by a respondent, the attorney for the petitioner shall permit the respondent to inspect or listen to and copy or photograph any of the following items within the possession, custody, or control of the petitioner, the existence of which is known, or by the exercise of due diligence may become known to the attorney for the petitioner: (1) All relevant written or recorded statements or confessions, signed or unsigned, or written summaries of oral statements or confessions made by the respondent, or copies thereof;(2) All written or recorded statements or confessions which were by made by a corespondent who is to be tried together with the moving respondent and which the petitioner intends to offer in evidence at the trial, and written summaries of oral statements or confessions of such a co-respondent in the event the petitioner intends at the trial to offer evidence of such oral statements or confessions;(3) All books, papers, documents, photographs, audio recordings, images, and any other data or data compilations from which discoverable information can be perceived, or copies thereof, or tangible objects, buildings, or places which are intended for use by the petitioner as evidence at the trial or were obtained from or belong to the respondent;(4) All results or reports in writing, or copies thereof, of physical or mental examinations, and of scientific tests or experiments made in connection with the particular case and, subject to an appropriate protective order under subdivision (g), any tangible objects still in existence that were the subject of such tests or experiments;(5) A written summary of testimony that the petitioner intends to use under Rules 702, 703, or 705 of the Rhode Island Rules of Evidence during the petitioner's case-in-chief at trial, which testimony describes the witness' opinions, the bases and reasons for those opinions, and the witnesses' qualifications;(6) A written list of the names and addresses of all persons whom the petitioner expects to call as witnesses at the trial in support of the petitioner's direct case;(7) As to those persons whom the petitioner expects to call as witnesses at the trial, all relevant recorded testimony before a grand jury of such persons and all written or recorded verbatim statements, signed or unsigned, of such persons and, if no such testimony or statement of a witness is in the possession of the petitioner, a summary of the testimony such person is expected to give at the trial;(8) All reports or records of prior convictions of the respondent, or of persons whom the attorney for the petitioner expects to call as witnesses at the trial, and within fifteen (15) days after receipt from the respondent of a list produced pursuant to subdivision (b)(2) of persons whom the respondent expects to call as witnesses, all reports of records or prior convictions of such persons; and(9) All warrants which have been executed in connection with the particular case and the papers accompanying them, including affidavits, transcripts of oral testimony, returns, and inventories.(c) Discovery by the Petitioner. A respondent who seeks any discovery under subdivision (b) of this rule shall permit the petitioner, upon receipt of a written request, to inspect or listen to and copy or photograph any of the following items within the possession, custody, or control of the respondent or the respondent's attorney. (1) All books, papers, documents, photographs, audio recordings, images, and any other data or data compilations from which discoverable information can be perceived, or copies thereof, or tangible objects, buildings, or places which are intended for use by the respondent as evidence at the trial;(2) All results or reports in writing, or copies thereof, of physical or mental examinations, and of scientific tests or experiments made in connection with the particular case and prepared by a person whom the respondent intends to call as a witness at the trial and, subject to an appropriate protective order under subdivision (g), any tangible objects still in existence that were the subject of such tests or experiments;(3) A written summary of testimony that the respondent intends to use under Rules 702, 703, or 705 of the Rhode Island Rules of Evidence as evidence at trial, which summary describes the witness' opinions, the bases and reasons for those opinions, and the witness' qualifications;(4) A written list of the names and addresses of all persons other than the respondent whom the respondent expects to call as witnesses at the trial in the event the petitioner presents a prima facie case; and(5) As to those persons other than the respondent whom the respondent expects to call as witnesses at the trial, all written or recorded verbatim statements, signed or unsigned, of such persons and, if no such statement of a witness is in the possession of the respondent, a summary of the testimony such person is expected to give at the trial.(d) Notice of Alibi. In the event a respondent seeks any discovery under subdivision (b) of this rule, then upon demand by the attorney for the petitioner and delivery by the attorney for the petitioner to the respondent of a written statement describing with specificity the date and time when and the place where the offense charged is alleged to have occurred, the respondent, within twenty-one (21) days after receipt of such demand and particulars, shall give written notification whether the respondent intends to rely in any way on the defense of alibi. If the respondent does so intend, the notice shall state with specificity the place at which the respondent claims to have been at the time of the alleged offense and the names and addresses of the witnesses the respondent intends to call at the trial to establish such alibi. Within twenty-one (21) days after receipt of written notification of intent to rely on the defense of alibi, together with particulars thereof, the attorney for the petitioner shall furnish to the respondent written notice of the names and addresses of the witnesses whom the petitioner intends to call at the trial to establish the respondent's presence at the place where and the time when the offense is alleged to have occurred.(e) Material Not Subject to Discovery. Except as provided in subdivisions (b) and (c), this rule does not authorize discovery of internal reports, memoranda, or other documents made by a respondent, or the respondent's attorney or agent, or by the attorney for the petitioner, or by officers or agents of the petitioner, in connection with or in preparation for the prosecution or defense of the proceeding.(f) Failure to Call a Witness. The fact that a person was designated by a party pursuant to subdivision (b)(6) or subdivision (c)(3) as an intended witness but was not called to testify shall not be commented upon at the trial by any party.(g) Protective Orders. (1)Procedure. Upon motion and a sufficient showing the court may at any time order that the discovery or inspection sought pursuant to this rule be denied, restricted, or deferred, or make such other order as is appropriate. In determining the motion, the court may consider, among other things, the following: (A) Protection of witnesses and others from physical harm, threats of harm, bribes, economic reprisals, and other intimidation;(B) Maintenance of such secrecy regarding informants as is required for effective investigation of criminal activity;(C) Protection of confidential relationships and privileges recognized by law; and(D) The need to safeguard from loss or to preserve the condition of tangible objects sought to be discovered under subsections (b)(4), (b)(5), (c)(1), and (c)(2). The court may permit a party to make a showing of good cause, in whole or in part, in the form of a written statement to be inspected by the court alone. If the court thereafter enters a protective order, the entire text of the party's statement shall be sealed and preserved in the records of the court, to be made available only to an appellate court in the event of an appeal.
(2)Deposition. Upon application of a party who has, pursuant to subdivision (b)(6) or (c)(3), been requested to designate the names of persons who will be called as witnesses at the trial, the court may order that the testimony of one (1) or more persons so designated be perpetuated by oral deposition pursuant to the provisions in Rule 15 of the Rhode Island Family Court Rules of Criminal Procedure, at a time and place and before an officer ordered by the court. Examination and cross-examination shall proceed as permitted at the trial. A record of the testimony of such a witness shall be made and shall be admissible at the trial in accordance with the Rhode Island Rules of Evidence.(h) Procedure and Timing.(1)Respondent's Request. A request by a respondent for discovery and inspection shall be made within thirty (30) days after arraignment. The attorney for the petitioner shall respond in writing within thirty (30) days after service of the request stating with respect to each item or category either that discovery and inspection will be permitted or stating that the request will not or cannot be complied with and the reason why. The response shall also specify the place and time respondent may inspect the items being made available.(2)Petitioner's Request. Together with the filing of the response to respondent's request for discovery and inspection pursuant to subdivision (b), the attorney for the petitioner may serve respondent with a request for discovery and inspection. The respondent shall respond within fifteen (15) days after service of the request stating with respect to each item or category either that discovery and inspection will be permitted or stating that the request will not or cannot be complied with and the reason why. The response shall also specify the place and time the attorney for the petitioner may inspect the items being made available. (3)Discovery or Inspection Withheld. In the event a party refuses to comply with a request for discovery or inspection, the party who served the request may move for an order to compel compliance with his request.(4)Extensions of Time. The court may on motion of a party and for good cause shown extend the time for serving requests or responses permitted or required under this rule.(i) Continuing Duty to Disclose. If, subsequent to compliance with a request for discovery or with an order issued pursuant to this rule, and prior to or during trial, a party discovers additional material previously requested which is subject to discovery or inspection under this rule, the party shall promptly notify the other party of the existence thereof.(j) Failure to Comply. If at any time during the course of the proceedings a party has failed to comply with this rule or with an order issued pursuant to this rule, the court may order such a party to provide the discovery or inspection, grant a continuance, prohibit the party from introducing in evidence the material which or testimony of a witness whose identity or statement was not disclosed, or make such other order as the court deems appropriate. Upon finding a willful failure to comply, the court may prohibit the offending party from introducing in evidence the material or the testimony of a witness whose identity or statement was not disclosed.As amended 2/14/2006; amended March 1, 2019, effective 7/1/2019; amended April 30, 2019, effective 11/4/2019; amended November 5, 2019, effective 1/6/2020.