Okla. Stat. tit. 22, § 22-2002

Time of discovery - Regulation of discovery - Reasonable cost of

copying, duplicating, and videotaping.

A. Disclosure of Evidence by the State.

1. Upon request of the defense, the state shall disclose the

following:

a. the names and addresses of witnesses which the state

intends to call at trial, together with their

relevant, written or recorded statement, if any, or if

none, significant summaries of any oral statement,

b. law enforcement reports made in connection with the

particular case,

c. any written or recorded statements and the substance

of any oral statements made by the accused or made by

a codefendant,

d. any reports or statements made by experts in

connection with the particular case, including results

of physical or mental examinations and of scientific

tests, experiments, or comparisons,

e. any books, papers, documents, photographs, tangible

objects, buildings or places which the prosecuting

attorney intends to use in the hearing or trial or

which were obtained from or belong to the accused,

f. any record of prior criminal convictions of the

defendant, or of any codefendant, and

g. Oklahoma State Bureau of Investigation (OSBI) rap

sheet/records check on any witness listed by the state

or the defense as a witness who will testify at trial,

as well as any convictions of any witness revealed

through additional record checks if the defense has

furnished Social Security numbers or date of birth for

their witnesses, except OSBI rap sheet/record checks

shall not provide date of birth, Social Security

number, home phone number or address.

2. The state shall provide the defendant any evidence favorable

to the defendant if such evidence is material to either guilt or

punishment.

3. The prosecuting attorney's obligations under this standard

extend to:

a. material and information in the possession or control

of members of the prosecutor's staff,

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b. any information in the possession of law enforcement

agencies that regularly report to the prosecutor of

which the prosecutor should reasonably know, and

c. any information in the possession of law enforcement

agencies who have reported to the prosecutor with

reference to the particular case of which the

prosecutor should reasonably know.

4. a. If the state intends to introduce testimony of a

jailhouse informant, the state shall disclose at least

ten (10) days prior to trial:

(1) the complete criminal history of such informant,

including any dismissed charges,

(2) any deal, promise, inducement or benefit that the

state or law enforcement agency has made or may

make in the future to the jailhouse informant in

connection with the testimony of such informant,

(3) the specific statements or recordings made by the

suspect or defendant and the time, place and

manner of the disclosure to the jailhouse

informant,

(4) all other filed cases in which the state intended

to introduce the testimony of the jailhouse

informant in connection with a deal, promise,

inducement or benefit, the nature of the deal,

promise, inducement or benefit, and whether the

testimony was admitted in the case,

(5) whether at any time the jailhouse informant

recanted the testimony or statement, and if so, a

transcript or copy of such recantation, if any,

and
h the state intended

to introduce the testimony of the jailhouse

informant in connection with a deal, promise,

inducement or benefit, the nature of the deal,

promise, inducement or benefit, and whether the

testimony was admitted in the case,

(5) whether at any time the jailhouse informant

recanted the testimony or statement, and if so, a

transcript or copy of such recantation, if any,

and

(6) any other information relevant to the credibility

of the informant.

b. Each district attorney's office shall maintain a

central record that tracks each case in which the

state intended to introduce the testimony of the

jailhouse informant against a suspect or defendant in

connection with a deal, promise, inducement or

benefit, the nature of the deal, promise, inducement

or benefit and whether such testimony or statements

were admitted in the case. Such record shall be sent

to the District Attorneys Council which shall maintain

a statewide record of such information. Records

maintained pursuant to this paragraph shall only be

accessible to prosecutors and shall not be subject to

the Oklahoma Open Records Act. By September 15 of

each year, the District Attorneys Council shall

publish an annual report of aggregate, de-identified

Oklahoma Statutes - Title 22. Criminal Procedure Page 568

data regarding the total number of cases tracked

pursuant to this section, and the number of cases

added during the previous fiscal year pursuant to this

section by each district attorney's office. A copy of

the report shall be distributed to the Governor, the

President Pro Tempore of the Senate, the Speaker of

the House of Representatives and the chairs of the

Senate and House Judiciary Committees.

c. For purposes of this paragraph, "jailhouse informant"

means a person who provides, or who the prosecutor

intends to provide, testimony about admissions or

other relevant information made to him or her by the

suspect or defendant while both persons were detained

or incarcerated in a penal institution.

B. Disclosure of Evidence by the Defendant.

1. Upon request of the state, the defense shall be required to

disclose the following:

a. the names and addresses of witnesses which the defense

intends to call at trial, together with their

relevant, written or recorded statement, if any, or if

none, significant summaries of any oral statement,

b. the name and address of any witness, other than the

defendant, who will be called to show that the

defendant was not present at the time and place

specified in the information or indictment, together

with the witness' statement to that fact,

c. the names and addresses of any witness the defendant

will call, other than himself, for testimony relating

to any mental disease, mental defect, or other

condition bearing upon his mental state at the time

the offense was allegedly committed, together with the

witness' statement of that fact, if the statement is

redacted by the court to preclude disclosure of

privileged communication.

2. A statement filed under subparagraph a, b or c of paragraph

1 of subsection A or B of this section is not admissible in evidence

at trial. Information obtained as a result of a statement filed

under subsection A or B of this section is not admissible in

evidence at trial except to refute the testimony of a witness whose

identity subsection A of this section requires to be disclosed.

3. Upon the prosecuting attorney's request after the time set

by the court, the defendant shall allow him access at any reasonable

times and in any reasonable manner to inspect, photograph, copy, or

have reasonable tests made upon any book, paper, document,

photograph, or tangible object which is within the defendant's

possession or control and which:

Oklahoma Statutes - Title 22. Criminal Procedure Page 569

a. the defendant intends to offer in evidence, except to

the extent that it contains any communication of the

defendant, or
n any reasonable manner to inspect, photograph, copy, or

have reasonable tests made upon any book, paper, document,

photograph, or tangible object which is within the defendant's

possession or control and which:

Oklahoma Statutes - Title 22. Criminal Procedure Page 569

a. the defendant intends to offer in evidence, except to

the extent that it contains any communication of the

defendant, or

b. is a report or statement as to a physical or mental

examination or scientific test or experiment made in

connection with the particular case prepared by and

relating to the anticipated testimony of a person whom

the defendant intends to call as a witness, provided

the report or statement is redacted by the court to

preclude disclosure of privileged communication.

C. Continuing Duty to Disclose.

If, prior to or during trial, a party discovers additional

evidence or material previously requested or ordered, which is

subject to discovery or inspection under the Oklahoma Criminal

Discovery Code, such party shall promptly notify the other party,

the attorney of the other party, or the court of the existence of

the additional evidence or material.

D. Time of Discovery.

1. Motions for discovery may be made at the time of the

district court arraignment or thereafter; provided that requests for

police reports may be made subject to the provisions of Section 258

of this title. However, a request pursuant to Section 258 of this

title shall be subject to the discretion of the district attorney.

All issues relating to discovery, except as otherwise provided, will

be completed at least ten (10) days prior to trial. The court may

specify the time, place and manner of making the discovery and may

prescribe such terms and conditions as are just.

2. Within thirty (30) days of the filing of an endorsed

complaint, indictment, or information in a court of record, law

enforcement shall provide to the prosecuting agency the following

records, if such records exist:

a. body camera videos at the time of arrest,

b. vehicle-mounted camera videos at the time of arrest,

and

c. a recording of the administration of a sobriety test.

3. Within ninety (90) days of the filing of an endorsed

complaint, indictment, or information, the prosecuting agency shall

make available the records described in paragraph 2 of this

subsection to the defendant or his or her representative.

4. Failure of a law enforcement agency to comply with the

provisions of paragraph 2 of this subsection may be punished by

contempt.

5. The following information may be redacted by the prosecuting

agency from the records provided to a defendant or his or her

representative as required by the provisions of paragraph 3 of this

subsection; provided that, notice of such redactions are given to

the defendant or to his or her representative:

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a. information that would violate any requirement to keep

certain juvenile records confidential as provided for

in Title 10A of the Oklahoma Statutes,

b. information that would materially compromise an

ongoing criminal investigation or ongoing criminal

prosecution other than the case involving the

defendant,

c. information that would undermine the assertion of a

privilege to keep the identity of an informant

confidential as provided for in Section 2510 of Title

12 of the Oklahoma Statutes,

d. information that would identify any person who

provides information to law enforcement or the

information provided by that person when that person

requests anonymity or where disclosure of the identity

of the person or the information provided could

reasonably be expected to threaten or endanger the

physical safety or property of the person or the

physical safety or property of others, or

e. require production of records or videos that fall

outside the scope permitted under the provisions of

paragraph 2 of this subsection.

E. Regulation of Discovery.
y or where disclosure of the identity

of the person or the information provided could

reasonably be expected to threaten or endanger the

physical safety or property of the person or the

physical safety or property of others, or

e. require production of records or videos that fall

outside the scope permitted under the provisions of

paragraph 2 of this subsection.

E. Regulation of Discovery.

1. Protective and Modifying Orders. Upon motion of the state

or defendant, the court may at any time order that specified

disclosures be restricted, or make any other protective order. If

the court enters an order restricting specified disclosures, the

entire text of the material restricted shall be sealed and preserved

in the records of the court to be made available to the appellate

court in the event of an appeal.

2. Failure to Comply with a Request. 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, the court

may order such party to permit the discovery or inspection, grant

continuance, or prohibit the party from introducing evidence not

disclosed, or it may enter such other order as it deems just under

the circumstances.

3. The discovery order shall not include discovery of legal

work product of either attorney which is deemed to include legal

research or those portions of records, correspondence, reports, or

memoranda which are only the opinions, theories, or conclusions of

the attorney or the attorney's legal staff.

F. Reasonable cost of copying, duplicating, videotaping,

developing or any other cost associated with this Code for items

requested shall be paid by the party so requesting; however, any

item which was obtained from the defendant by the state of which

copies are requested by the defendant shall be paid by the state.

Oklahoma Statutes - Title 22. Criminal Procedure Page 571

Provided, if the court determines the defendant is indigent and

without funds to pay the cost of reproduction of the required items,

the cost shall be paid by the Indigent Defender System, unless

otherwise provided by law.