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Rule 206 Discovery

Delinquent/Unruly Proceedings

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Rule Text

(a) Each juvenile court shall ensure that the parties in delinquent and unruly proceedings have access to any discovery materials consistent with Rule 16 of the Rules of Criminal Procedure.

(b) An informal request for discovery is encouraged, but if the parties cannot agree as to discovery, then a formal discovery request shall be made.

Plain-English Summary (for reference only — not a substitute for the rule text above)

This summary is not the rule. The rule text controls.

In delinquent and unruly cases, both sides have the right to see evidence and information related to the case before it goes to court. This works the same way it does in adult criminal court under Rule 16 of the Rules of Criminal Procedure. This means things like police reports, statements, and other evidence should be shared so both sides can prepare.

The court wants people to try working this out informally first. If a parent, child, or attorney needs information about the case, they should simply ask the other side for it. Most of the time, this kind of informal request should be enough to get the needed materials.

If the two sides cannot agree on what should be shared, then someone needs to make a formal request. This means putting the request in writing and following the official court process to get the information. The judge can then step in if there are still disagreements about what needs to be turned over.

Committee Notes

Advisory Commission Comments.

In drafting this rule, the Commission was concerned with potential burdens and delays that might be caused if existing criminal discovery methods were applied without modification to juvenile court proceedings. This does not preclude adoption by each court of local rules of procedure to implement the discovery mechanisms found in the Tennessee Rules of Criminal Procedure. The Commission emphasizes the mandate of Supreme Court Rule 18, which limits local rules to those "not inconsistent with . . . the Rules of Juvenile Procedure[.]"

State v. Willoughby, 594 S. W.2d 388 (Tenn. 1980) holds that discovery rules do not apply to preliminary examinations and hearings. Therefore, this rule would not apply to any probable cause hearing in juvenile court with the caveat that this rule is not the exclusive procedure for obtaining discovery. Please note that some discovery may be critical in a transfer hearing. The Court should use its discretion in granting access to information necessary to defend or prosecute a transfer case. The state must disclose any exculpatory evidence to the child’s attorney per Brady v. Maryland, 373 U.S. 83 (1963).

If the parties cannot agree on discovery, then the Tennessee Rules of Criminal Procedure shall be utilized to ensure that each side has access to discovery materials in each case. If a request for discovery is made on behalf of the child and the district attorney is not prosecuting the case, the person prosecuting the case must comply withRule 16 of the Rules of Criminal Procedure.

Juvenile court practitioners are advised to fully acquaint themselves with Rule 16 of the Rules of Criminal Procedure.

← Previous Rule 205: Notification and Waiver of Rights of Children Next → Rule 207: Procedures Related to Child's Mental Condition

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Last updated: August 2026

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