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Local Rule - State of Indiana

Local Rule - State of Indiana

Local Rule - State of Indiana

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4910.30 All Parties.(1) If, subsequent to compliance, a party discovers additional material or informationwhich is subject to disclosure, that party's attorney shall promptly notify the other party orthe other party's counsel <strong>of</strong> the existence <strong>of</strong> such additional material, and if the additionalmaterial or information is discovered during trial, the Court shall also be notified.(2) Any materials furnished to an attorney pursuant to this <strong>Rule</strong> shall remain in thatattorney's exclusive custody and shall be used only for the purpose <strong>of</strong> conducting thatattorney's side <strong>of</strong> the case, and shall be subject to such other terms and conditions as theCourt may provide.(3) Upon a showing <strong>of</strong> cause the Court may, at any time, order that specifieddisclosures be restricted or deferred, or make such other order as is appropriate, providingthat all material and information to which a party is entitled must be disclosed in time topermit that party's counsel to make beneficial use there<strong>of</strong>.4910.40 Failure to Comply. If at any time during the course <strong>of</strong> the proceedings it isbrought to the attention <strong>of</strong> the Court that a party has failed to comply with this <strong>Rule</strong> or an orderissued pursuant thereto, the Court may order such party to permit the discovery <strong>of</strong> material andinformation not previously disclosed, and the Court may order a continuance, or enter such otherorder as it deems just under the circumstances. Willful violation by counsel <strong>of</strong> this <strong>Rule</strong> or an orderissued pursuant thereto may subject counsel to appropriate sanctions.4910.50 Discretionary Protective Order. Either side may apply for a protective orderfor non-disclosure <strong>of</strong> requested discovery. The Court may deny disclosure if it finds that there isa substantial risk to any person <strong>of</strong> physical harm, intimidation, bribery, economic reprisals, orunnecessary annoyance or embarrassment resulting from such disclosure which outweighs anyusefulness <strong>of</strong> the disclosure to counsel.4910.60 Matters not subject to disclosure.(1) Work product. Disclosure is not required <strong>of</strong> legal research or <strong>of</strong> records,correspondence, reports or memoranda to the extent that they contain the opinions,theories, or conclusions <strong>of</strong> the <strong>State</strong> or members <strong>of</strong> its legal or investigative staffs, or <strong>of</strong>defense counsel or his/her staff.(2) Informants. Disclosure <strong>of</strong> an informant's identity will not be required where thereis a paramount interest in non-disclosure and a failure to disclose will not infringe upon theconstitutional rights <strong>of</strong> the accused. Disclosure <strong>of</strong> the identity <strong>of</strong> witnesses to be producedat a hearing or trial will be required.(3) Any matters protected by law.48

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