Union County Courts, Indiana Service and Proof of Service Rules

The State must disclose material within its possession or control that tends to negate guilt or reduce punishment.

The State shall disclose to the Defendant(s) any material or information within its possession or control that tends to negate the guilt of the accused as to the offenses charged or would tend to reduce the punishment for such offenses.

The parties must exchange other reasonably available evidence to avoid unnecessary discovery motions.

iii. Other Evidence. Exchange any other evidence reasonably available to obviate the filing of unnecessary discovery motions.

The parties must exchange known witness lists and continue advising opposing parties of additional witnesses as they become known.

i. List of Witnesses. Exchange lists of witnesses known to have knowledge of the facts supporting the pleadings. The parties shall thereafter be under a continuing obligation to advise opposing parties of other witnesses as they become known.

Defense counsel, or a pro se Defendant, must furnish the State the listed witness information, evidence, evaluations, intended defenses, and impeachment records within their possession or control.

Defendant’s counsel (or Defendant where Defendant is proceeding pro se) shall furnish to the State with the following material and information within his or her possession or control: i. The names and last known addresses of persons whom the Defendant intends to call as witnesses along with copies of their relevant written and recorded statements; ii. Any books, papers, documents, photographs, or tangible objects that the Defendant intends to use as evidence at any hearing or trial; iii. Any medical, scientific, or expert witness evaluations, statements, reports, or testimony which may be used at any trial or hearing; iv. Any defense, procedural or substantive, which the Defendant intends to make at any hearing or trial; and v. Any record or prior criminal convictions known to the Defendant or defense counsel that may be used for impeachment of the persons whom the defense intends to call at any hearing or trial.

The parties must exchange all documents contemplated for use in support of the pleadings; reasonably available documents not exchanged may be excluded at trial.

ii. Documents. Exchange all documents which are contemplated to be used in support of the pleadings. Documents later shown to have been reasonably available to a party and not exchanged may be subject to exclusion at the time of trial.

The Defendant must disclose and furnish all relevant items and information under the Rule to the State within 10 days after the State’s disclosure.

and the Defendant shall disclose and furnish all relevant items and information under this Rule to the State within ten (10) days after the State’s disclosure.

The State must disclose the listed witness information, statements, reports, evidence, and impeachment records within its possession or control.

The State shall disclose the following materials and information within its possession or control: i. The names and last known addresses of persons whom the State intends to call as witnesses along with copies of their relevant written and recorded statements; ii. Any written, oral, or recorded statements made by the accused or by a co-defendant, and a list of witnesses to the making of statements; iii. Any reports or statements or experts, made in connection with the particular case, including results of physical or mental examinations and of scientific tests, experiments or comparisons; iv. Any books, papers, documents, photographs, or tangible objects that the Prosecuting Attorney intends to use in the hearing or trial or which were obtained from or belong to the accused; and v. Any record of prior criminal convictions that may be used for impeachment of the persons whom the State intends to call as witnesses at any hearing or trial.

After defense counsel appears, the State must disclose and furnish all relevant items and information to the Defendant within 30 days, subject to constitutional limitations and any separate court order.

Upon the entry of an appearance by an attorney for the Defendant, the State shall disclose and furnish all relevant items and information under this Rule to the Defendant within thirty (30) days from the date of appearance, subject to Constitutional limitations and such other limitation as the Court may specifically provide by separate order

A copy of the attorney’s appearance must be served on the prosecuting attorney.

A copy of this appearance shall be served on the prosecuting attorney.