Rule 16 - Discovery and Inspection(a)Discovery by the Defendant. Upon written request by a defendant, the attorney for the prosecuting authority shall permit the defendant to inspect or listen to and copy or photograph any of the following items within the possession, custody, or control of the prosecuting authority, the existence of which is known, or by the exercise of due diligence may become known to the attorney for the prosecuting authority:(1) All relevant written or recorded statements or confessions, signed or unsigned, or written summaries of oral statements or confessions made by the defendant or copies thereof;(2) All relevant recorded testimony before a grand jury of the defendant, or in the case of a corporate defendant, of any present or former officer or employee of the defendant corporation concerning activities carried on, or knowledge acquired, within the scope of or reasonably relating to any present or former officer or employee's employment;(3) All written or recorded statements or confessions which were made by a co-defendant who is to be tried together with the moving defendant and which the prosecuting authority intends to offer in evidence at the trial, and written summaries of oral statements or confessions of such a co-defendant in the event the prosecuting authority intends at the trial to offer evidence of such oral statements or confessions;(4) All books, papers, documents, photographs, sound recordings, or copies thereof, or tangible objects, buildings, or places which are intended for use by the prosecuting authority as evidence at the trial or were obtained from or belong to the defendant;(5) All results or reports in writing, or copies thereof, of physical or mental examinations, and of scientific tests or experiments made in connection with the particular case and, subject to an appropriate protective order under subdivision (f), any tangible objects still in existence that were the subject of such tests or experiments;(6) A written summary of testimony that the prosecuting authority intends to use under Rules 702, 703, or 705 of the Rhode Island Rules of Evidence during the prosecuting authority's case-in-chief at trial, which testimony describes the witness' opinions, the bases and reasons for those opinions, and the witness' qualifications;(7) A written list of the names and addresses of all persons whom the attorney for the prosecuting authority expects to call as witnesses at the trial in support of the prosecuting authority's direct case;(8) As to those persons whom the prosecuting authority expects to call as witnesses at the trial, all relevant recorded testimony before a grand jury of such persons and all written or recorded verbatim statements, signed or unsigned, of such persons and, if no such testimony or statement of a witness is in the possession of the prosecuting authority, a summary of the testimony such person is expected to give at the trial;(9) All reports or records of prior convictions of the defendant, or of persons whom the attorney for the prosecuting authority expects to call as witnesses at the trial, and within fifteen (15) days after receipt from the defendant of a list produced pursuant to subdivision (b)(3) of persons whom the defendant expects to call as witnesses all reports or records of prior convictions of such persons; and(10) All warrants which have been executed in connection with the particular case and the papers accompanying the warrants, including affidavits, transcripts of oral testimony, returns, and inventories.(b)Discovery by the Prosecuting Authority. A defendant who seeks any discovery under subdivision (a) of this rule shall permit the prosecuting authority, upon receipt of a written request, to inspect or listen to and copy or photograph any of the following items within the possession, custody, or control of the defendant or the defendant's attorney:(1) All books, papers, documents, photographs, sound recordings, or copies thereof, or tangible objects, buildings, or places which are intended for use by the defendant as evidence at the trial;(2) All results or reports in writing, or copies thereof, of physical or mental examinations, and of scientific tests or experiments made in connection with the particular case and prepared by a person whom the defendant intends to call as a witness at the trial and, subject to an appropriate protective order under subdivision (f), any tangible objects still in existence that were the subject of such tests or experiments;(3) A written summary of testimony that the defendant intends to use under Rules 702, 703, or 705 of the Rhode Island Rules of Evidence as evidence at trial, which summary describes the witness' opinions, the bases and reasons for those opinions, and the witness' qualifications;(4) A written list of the names and addresses of all persons other than the defendant whom the defendant expects to call as witnesses at the trial in the event the prosecuting authority presents a prima facie case; and(5) As to those persons other than the defendant whom the defendant expects to call as witnesses at the trial, all written or recorded verbatim statements, signed or unsigned, of such persons and, if no such statement of a witness is in the possession of the defendant, a summary of the testimony such person is expected to give at the trial.(c)Notice of Alibi. In the event a defendant seeks any discovery under subdivision (a) of this rule, then upon demand by the attorney for the prosecuting authority and delivery by the attorney for the prosecuting authority to the defendant of a written statement describing with specificity the date and time when and the place where the offense charged is alleged to have occurred, the defendant, within twenty-one (21) days after receipt of such demand and particulars, shall give written notification whether the defendant intends to rely in any way on the defense of alibi. If the defendant does so intend, the notice shall state with specificity the place at which the defendant claims to have been at the time of the alleged offense and the names and addresses of the witnesses the defendant intends to call at the trial to establish such alibi. Within twenty-one (21) days after receipt of written notification of intent to rely on the defense of alibi, together with particulars thereof, the attorney for the prosecuting authority shall furnish to the defendant written notice of the names and addresses of the witnesses whom the prosecuting authority intends to call at the trial to establish defendant's presence at the place where and the time when the offense is alleged to have occurred. (d)Material Not Subject to Discovery. Except as provided in subdivisions (a) and (b), this rule does not authorize discovery of internal reports, memoranda, or other documents made by a defendant, or the defendant's attorney or agent, or by the attorney for the prosecuting authority, or by officers or agents of the prosecuting authority, in connection with or in preparation for the prosecution or defense of a criminal proceeding.(e)Failure to Call a Witness. The fact that a person was designated by a party pursuant to subdivision (a)(6) or subdivision (b)(3) as an intended witness but was not called to testify shall not be commented upon at the trial by any party.(f)Protective Orders. Upon motion and a sufficient showing the court may at any time order that the discovery or inspection sought pursuant to this rule be denied, restricted or deferred, or make such other order as is appropriate. In determining the motion, the court may consider, among other things, the following: protection of witnesses and others from physical harm, threats of harm, bribes, economic reprisals, and other intimidation; maintenance of such secrecy regarding informants as is required for effective investigation of criminal activity; protection of confidential relationships and privileges recognized by law; and the need to safeguard from loss or to preserve the condition of tangible objects sought to be discovered under subdivisions (a)(4), (a)(5), (b)(1) and (b)(2). The court may permit a party to make a showing of good cause, in whole or in part, in the form of a written statement to be inspected by the court alone. If the court thereafter enters a protective order, the entire text of the party's statement shall be sealed and preserved in the records of the court, to be made available only to an appellate court in the event of an appeal. Upon application of a party who has, pursuant to subdivision (a)(6) or subdivision (b)(3), been requested to designate the names of persons who will be called as witnesses at the trial, the court may order that the testimony of one (1) or more persons so designated be perpetuated by oral deposition pursuant to Rule 15 at a time and place and before an officer ordered by the court. Examination and cross-examination shall proceed as permitted at the trial. A record of the testimony of such a witness shall be made and shall be admissible at the trial as part of the case of the party who requested the taking of the deposition in the event the witness becomes unavailable without fault of such party of if the witness changes the witness' testimony materially.(g)Procedure and Timing.(1)Defendant's Request. A request by a defendant for discovery and inspection shall be made within thirty (30) days after arraignment. The attorney for the prosecuting attorney shall respond in writing within fifteen (15) days after service of the request stating with respect to each item or category either that discovery and inspection will be permitted or stating that the request will not or cannot be complied with and the reason why. The response shall also specify the place and time defendant may inspect the items being made available. (2)Prosecuting Authority's Request. Within twenty-one (21) days after serving a response to a defendant's request for discovery and inspection, the attorney for the prosecuting authority may serve a defendant with a request for discovery and inspection. The defendant shall respond within fifteen (15) days after service of the request stating with respect to each item or category either that discovery and inspection will be permitted or stating that the request will not or cannot be complied with and the reason why. The response shall also specify the place and time the attorney for the prosecuting authority may inspect the items being made available.(3)Discovery or Inspection Withheld. In the event a party refuses to comply with a request for discovery or inspection, the party who served the request may move for an order to compel compliance with his request.(4)Extensions of Time. The court may on motion of a party and for good cause shown extend the time for serving requests or responses permitted or required under this rule.(h)Continuing Duty to Disclose. If, subsequent to compliance with a request for discovery or with an order issued pursuant to this rule and prior to or during trial, a party discovers additional material previously requested which is subject to discovery or inspection under this rule, the party shall promptly notify the other party of the existence thereof.(i)Failure to Comply. If at any time during the course of the proceedings it is brought to the attention of the court that a party has failed to comply with this rule or with an order issued pursuant to this rule, the court may order such party to provide the discovery or inspection, grant a continuance, or prohibit the party from introducing in evidence the material which or testimony of a witness whose identity or statement were not disclosed, or the court may enter such other order as the court deems appropriate.