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8 GCA § 70.10

Matters Generally Discoverable; Prosecutors' Obligations

Guam Code AnnotatedTitle 8 — Criminal Procedure
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(a)Except as otherwise provided by §§ 70.20 and 70.30, at any time after the first appearance upon noticed motion by the defendant, the court shall order the prosecuting attorney to disclose to the defendant's attorney or permit the defendant's attorney to inspect and copy the following material and information within his possession or control, the existence of which is known, or by the exercise of due diligence may become known to the prosecuting attorney:

(1)the name and address of any person whom the prosecuting attorney intends to call as a witness at the trial, together with his relevant written or recorded statement;

(2)any written or recorded statement and the substance of any oral statement made by the defendant or made by a codefendant if the trial is to be a joint one;

(3)any report or statement of an expert, made in connection with the case, including results of physical or mental examinations and of scientific tests, experiments or comparisons;

(4)any book, paper, document, photograph or tangible object, which the prosecuting attorney intends to use in the trial or which was obtained from or belonged to the defendant;

(5)any record of prior criminal convictions of persons whom the prosecuting attorney intends to call as witnesses at the trial;

(6)whether there has been an electronic surveillance of conversations to which the defendant was party or of his premises; COL 8/23/2023 CH. 70 DISCOVERY AND DEPOSITIONS

(7)any material or information which tends to negate the guilt of the defendant as to the offense charged or would tend to reduce his punishment therefor.

(b)The prosecuting attorney's obligations under this Section extend to any material information in the possession or control of members of his staff and any other persons who have participated in the investigation or evaluation of the case and who either regularly report or with reference to this case have reported to his office.

Reconstructed from the Guam Code Annotated. For the authoritative version, see the official PDF.