Rule 26.2 Production of Statements of Witnesses

(a) Motion for Production. After a witness other than the defendant has testified on direct examination, the court, on motion of a party who did not call the witness, shall order the attorney for the state or the defendant and the defendant’s attorney to produce, for the examination and use of the moving party, any statement of the witness that is in their possession and that relates to the subject matter of the witness’s testimony.

(b) Production of Statement.

(1) Entire Statement. If the entire statement relates to the subject matter of the witness’s testimony, the court shall order that the statement be delivered to the moving party.

(2) Redacted Statement.

(A) Delivery to Court. If the other party claims that the statement contains matter that does not relate to the subject matter of the witness’s testimony, the court shall order that it be delivered to the court in camera.

(B) Redaction of Unrelated Portions. Upon inspection, the court shall redact the portions of the statement that do not relate to the subject matter of the witness’s testimony. The remaining parts of the statement shall be delivered to the moving party. Any portion of the statement that is withheld from the defendant over the defendant's objection must be preserved by the attorney for the state. In the event of a conviction and an appeal by the defendant, this preserved portion shall be made available to the appellate court for the purpose of determining the correctness of the decision to excise the portion of the statement.

(c) Recess for Examination of Statement. The court may recess the proceedings to allow time for a party to examine the statement and prepare for its use.

(d) Sanction for Failure to Produce Statement. If the party who called the witness disobeys an order to deliver a statement, the court shall strike the witness’s testimony from the record and order the trial to proceed. If the attorney for the state disobeys the order, the court shall declare a mistrial if required in the interest of justice.

(e) Production of Statements at Pretrial Hearing. Except as otherwise provided by law, this rule shall apply at a motion hearing under Rule 12(b).

(f) Definition of “Statement. ” As used in this rule, a witness’s "statement" means:

(1) A written statement that the witness makes and signs, or otherwise adopts or approves; or

(2) A substantially verbatim, contemporaneously recorded recital of the witness’s oral statement that is contained in a stenographic, mechanical, electrical, or other recording or a transcription of such a statement.