Rule 17.6 - General StandardsIn all disclosures under this Rule the following shall apply:
(a) Materials Not Subject to Disclosure.(1) Work Product. Disclosure shall not be required of legal research or of records, correspondence, reports, or memoranda to the extent that they contain the opinions, theories, or conclusions of the prosecuting or defense attorney or members of legal staff.(2) Informants. Disclosure of an informant's identity shall not be required unless the confidential informant is to be produced at a hearing or trial, a failure to disclose his/her identity will infringe the constitutional rights of the accused, and/or the informant was, or depicts himself/herself as, an eyewitness to the event(s) constituting the charge against the defendant.(b) Use of Discovery Material. The attorney receiving discovery material is responsible for those materials and shall not distribute them to third parties.(c) Advice from Counsel Regarding Relevant Information. Except as otherwise provided by law, or in cases where the witness would be forced to reveal self-incriminating evidence, neither an attorney for the parties nor other prosecution or defense personnel shall:(1) advise persons having relevant information or material, except the accused, to refrain from discussing the case with, or showing any relevant material to, the opposing attorney(s), or(2) otherwise impede the opposing attorney(s') investigation of the case.(d) Filing Discovery Material. Discovery material shall not be filed with the clerk unless authorized by the court.Comment
Rule 17.6 follows portions of former Rule 9.04 (B.), (D.), (F.), and (I.) of the Uniform Rules of Circuit and County Court.