565.005. Prior to trial for first degree murder, opposing counsels to furnish requested information, rules applied. - Missouri Statutes

Prior to trial for first degree murder, opposing counsels to furnishrequested information, rules applied.

565.005. 1. At a reasonable time before the commencement ofthe first stage of any trial of murder in the first degree atwhich the death penalty is not waived, the state and defendant,upon request and without order of the court, shall serve counselof the opposing party with:

(1) A list of all aggravating or mitigating circumstances asprovided in subsection 1 of section 565.032, which the partyintends to prove at the second stage of the trial;

(2) The names of all persons whom the party intends to callas witnesses at the second stage of the trial;

(3) Copies or locations and custodian of any books, papers,documents, photographs or objects which the party intends tooffer at the second stage of the trial. If copies of suchmaterials are not supplied to opposing counsel, the party shallcause them to be made available for inspection and copyingwithout order of the court.

2. The disclosures required in subsection 1 of this sectionare supplemental to those required by rules of the supreme courtrelating to a continuing duty to disclose information, the use ofmatters disclosed, matters not subject to disclosure, protectiveorders, and sanctions for failure to comply with an applicablediscovery rule or order, all of which shall also apply to anydisclosure required by this section.

(L. 1983 S.B. 276, A.L. 1984 S.B. 448 § A)

Effective 10-1-84

*No continuity with § 565.005 as repealed by L. 1983 S.B. 276.