§ 15A-902. Discovery procedure. - North Carolina Statutes

§ 15A‑902.  Discoveryprocedure.

(a)        A party seekingdiscovery under this Article must, before filing any motion before a judge,request in writing that the other party comply voluntarily with the discoveryrequest. A written request is not required if the parties agree in writing tovoluntarily comply with the provisions of Article 48 of Chapter 15A of theGeneral Statutes. Upon receiving a negative or unsatisfactory response, or uponthe passage of seven days following the receipt of the request without response,the party requesting discovery may file a motion for discovery under theprovisions of this Article concerning any matter as to which voluntarydiscovery was not made pursuant to request.

(b)        To the extent thatdiscovery authorized in this Article is voluntarily made in response to arequest or written agreement, the discovery is deemed to have been made underan order of the court for the purposes of this Article.

(c)        A motion fordiscovery under this Article must be heard before a superior court judge.

(d)        If a defendant isrepresented by counsel, the defendant may as a matter of right requestvoluntary discovery from the State under subsection (a) of this section notlater than the tenth working day after either the probable‑cause hearingor the date the defendant waives the hearing. If a defendant is not representedby counsel, or is indicted or consents to the filing of a bill of informationbefore the defendant has been afforded or waived a probable‑causehearing, the defendant may as a matter of right request voluntary discoveryfrom the State under subsection (a) of this section not later than the tenthworking day after the later of:

(1)        The defendant'sconsent to be tried upon a bill of information, or the service of notice uponthe defendant that a true bill of indictment has been found by the grand jury,or

(2)        The appointment ofcounsel.

For the purposes of thissubsection a defendant is represented by counsel only if counsel was retainedby or appointed for the defendant prior to or during a probable‑causehearing or prior to execution by the defendant of a waiver of a probable‑causehearing.

(e)        The State may as amatter of right request voluntary discovery from the defendant, when authorizedunder this Article, at any time not later than the tenth working day afterdisclosure by the State with respect to the category of discovery in question.

(f)         A motion fordiscovery made at any time prior to trial may be entertained if the parties sostipulate or if the judge for good cause shown determines that the motionshould be allowed in whole or in part. (1973, c. 1286, s. 1; 2004‑154, s. 3.)