Rule 17.06 - Regulation of DiscoverySubd.1. Continuing Duty to Disclose. Whenever a party or the county attorney discovers additional material, information, or witnesses subject to disclosure, that party or the county attorney shall promptly notify the other parties and the county attorney of the existence of the additional material or information and the identity of the witnesses.Subd. 2.Protective Orders. The trial court may order that specified disclosures be restricted or deferred, or make such other order as is appropriate to protect the child.Subd. 3.Timely Discovery. Unless a court order otherwise provides, all material and information to which a party or the county attorney is entitled must be disclosed within 14 days of a request for disclosure.Subd. 4. Sanctions. If, at any time, it is brought to the attention of the court that a party or the county attorney has failed to comply with an applicable discovery rule or order, or has failed to appear pursuant to a notice of taking of deposition, be sworn, or answer questions, the court may, upon motion, order such party or the county attorney to permit the discovery or inspection, grant a continuance, or enter such order as it deems just under the circumstances including: (a) an order that the matters regarding which the order was made, or the other designated facts, shall be taken to be established for purposes of the proceedings, in accordance with the claim of the party who obtained the order;(b) an order refusing to allow the disobedient party to support or oppose designated claims, or prohibiting the disobedient party from introducing designated matters in evidence;(c) an order striking the petition or parts of the petition, answer, or parts of an answer, dismissing the proceeding, or entering a finding that the petition is proved or that certain facts alleged in the petition are proved;(d) in lieu of any of the foregoing, an order treating as a contempt of court the failure to obey any order; or(e) an order requiring the party or county attorney failing to act or the party's counsel, or both, to pay the reasonable expenses, including attorney's fees, caused by the failure, unless the court finds the failure was substantially justified or that other circumstances make an award of expenses unjust.Subd. 5.Failure to Act. Failure to act as described in this rule may not be excused on the ground that the discovery sought is objectionable unless the party or county attorney failing to act has applied for a protective order as provided in subdivision 2.Minn. Juve. Prot. P. 17.06
2019 Advisory Committee Comment
Rule 17 is amended in 2019 as part of a revision of the Rules of Juvenile Protection Procedure. Rule 17.01(a) is amended to refer to the "release" of a videotaped statement instead of the "copying" of a videotaped statement, because Minn. Stat. § 611A.90 refers to the "release" of the statement. Rule 17.04(b)(4) is amended to provide for a consistent "reasonably calculated to lead to the discovery of admissible evidence" standard for questions asked in depositions, instead of the former language: "reasonably calculated to lead to the discovery of any relevant data." Rule 17.04(c) is amended to reflect that privileged communications "may be" discoverable under Minn. Stat. § 626.556, subd. 8, instead of stating that privileged communications "are" discoverable under the statute. Minn. Stat. § 626.556, subd. 8 abrogates some privileges, but does not abrogate all privileges. The amendments are intended to ensure the Rule's language is consistent with the statutory language. The amendments are not intended to substantively change the Rule's meaning.