Rule 17 Discovery
Rule Text
(a) Witnesses. Within twenty (20) days of the filing of an answer, the Prosecutor and the Subject Judge shall exchange the names and addresses of all persons known to have knowledge of the relevant facts. Prosecutor or the Subject Judge may withhold such information only with the permission of the Supreme Court, who can authorize withholding of the information only for good cause shown, taking into consideration the materiality of the information possessed by the witness and the position the witness occupies in relation to the Subject Judge. The review of any withholding request is to be in camera. The Supreme Court shall set a date for the exchange of the names and addresses of all witnesses the parties intend to call at the hearing. The Prosecutor and the Subject Judge may take depositions only of witnesses to be called at the hearing and other witnesses who are unavailable to testify. Depositions of other persons may be taken only with permission of the Court and only for good cause shown.
(b) Other Evidence. The Prosecutor and the Subject Judge shall exchange:
(1) non-privileged evidence relevant to the formal charges, documents to be presented at the hearing, witness statements and summaries of interviews with witnesses who will be called at the hearing; and
(2) other information only upon showing good cause.
(c) Exculpatory Evidence. The Prosecutor shall provide the Subject Judge with exculpatory evidence relevant to the formal charges.
(d) Duty of Supplementation. Both parties have a continuing duty to supplement information required to be exchanged under this Rule.
(e) Completion of Discovery. All discovery shall be completed within 60 days of the filing of the answer, unless extended by the Supreme Court for good cause shown. The parties shall exercise due diligence in obtaining any needed discovery on their own. If discovery cannot be exchanged by stipulation and cannot be obtained through the parties’ own efforts, a party may file a motion to compel.
(f) Failure to Disclose. The Supreme Court may preclude either party from calling a witness at the hearing if the party has not provided the opposing party with the witness’s name and address, any statements taken from the witness or summaries of any interviews with the witness.
(g) Resolution of Disputes. Disputes concerning discovery shall be determined by the Supreme Court.
(h) Civil Rules Not Applicable. Proceedings under these Rules are not subject to the Commonwealth of the Northern Mariana Islands Rules of Civil Procedure regarding discovery except those rules relating to depositions and subpoenas.