{"data":{"id":"us-ok/okla.-stat.-tit.-22-22-2002","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 22, § 22-2002","heading":"Disclosure of evidence - Continuing duty to disclose -","body":"Time of discovery - Regulation of discovery - Reasonable cost of\n\ncopying, duplicating, and videotaping.\n\nA. Disclosure of Evidence by the State.\n\n1. Upon request of the defense, the state shall disclose the\n\nfollowing:\n\na. the names and addresses of witnesses which the state\n\nintends to call at trial, together with their\n\nrelevant, written or recorded statement, if any, or if\n\nnone, significant summaries of any oral statement,\n\nb. law enforcement reports made in connection with the\n\nparticular case,\n\nc. any written or recorded statements and the substance\n\nof any oral statements made by the accused or made by\n\na codefendant,\n\nd. any reports or statements made by experts in\n\nconnection with the particular case, including results\n\nof physical or mental examinations and of scientific\n\ntests, experiments, or comparisons,\n\ne. any books, papers, documents, photographs, tangible\n\nobjects, buildings or places which the prosecuting\n\nattorney intends to use in the hearing or trial or\n\nwhich were obtained from or belong to the accused,\n\nf. any record of prior criminal convictions of the\n\ndefendant, or of any codefendant, and\n\ng. Oklahoma State Bureau of Investigation (OSBI) rap\n\nsheet/records check on any witness listed by the state\n\nor the defense as a witness who will testify at trial,\n\nas well as any convictions of any witness revealed\n\nthrough additional record checks if the defense has\n\nfurnished Social Security numbers or date of birth for\n\ntheir witnesses, except OSBI rap sheet/record checks\n\nshall not provide date of birth, Social Security\n\nnumber, home phone number or address.\n\n2. The state shall provide the defendant any evidence favorable\n\nto the defendant if such evidence is material to either guilt or\n\npunishment.\n\n3. The prosecuting attorney's obligations under this standard\n\nextend to:\n\na. material and information in the possession or control\n\nof members of the prosecutor's staff,\n\nb. any information in the possession of law enforcement\n\nagencies that regularly report to the prosecutor of\n\nwhich the prosecutor should reasonably know, and\n\nc. any information in the possession of law enforcement\n\nagencies who have reported to the prosecutor with\n\nreference to the particular case of which the\n\nprosecutor should reasonably know.\n\n4. a. If the state intends to introduce testimony of a\n\njailhouse informant, the state shall disclose at least\n\nten (10) days prior to trial:\n\n(1) the complete criminal history of such informant,\n\nincluding any dismissed charges,\n\n(2) any deal, promise, inducement or benefit that the\n\nstate or law enforcement agency has made or may\n\nmake in the future to the jailhouse informant in\n\nconnection with the testimony of such informant,\n\n(3) the specific statements or recordings made by the\n\nsuspect or defendant and the time, place and\n\nmanner of the disclosure to the jailhouse\n\ninformant,\n\n(4) all other filed cases in which the state intended\n\nto introduce the testimony of the jailhouse\n\ninformant in connection with a deal, promise,\n\ninducement or benefit, the nature of the deal,\n\npromise, inducement or benefit, and whether the\n\ntestimony was admitted in the case,\n\n(5) whether at any time the jailhouse informant\n\nrecanted the testimony or statement, and if so, a\n\ntranscript or copy of such recantation, if any,\n\nand\nh the state intended\n\nto introduce the testimony of the jailhouse\n\ninformant in connection with a deal, promise,\n\ninducement or benefit, the nature of the deal,\n\npromise, inducement or benefit, and whether the\n\ntestimony was admitted in the case,\n\n(5) whether at any time the jailhouse informant\n\nrecanted the testimony or statement, and if so, a\n\ntranscript or copy of such recantation, if any,\n\nand\n\n(6) any other information relevant to the credibility\n\nof the informant.\n\nb. Each district attorney's office shall maintain a\n\ncentral record that tracks each case in which the\n\nstate intended to introduce the testimony of the\n\njailhouse informant against a suspect or defendant in\n\nconnection with a deal, promise, inducement or\n\nbenefit, the nature of the deal, promise, inducement\n\nor benefit and whether such testimony or statements\n\nwere admitted in the case. Such record shall be sent\n\nto the District Attorneys Council which shall maintain\n\na statewide record of such information. Records\n\nmaintained pursuant to this paragraph shall only be\n\naccessible to prosecutors and shall not be subject to\n\nthe Oklahoma Open Records Act. By September 15 of\n\neach year, the District Attorneys Council shall\n\npublish an annual report of aggregate, de-identified\n\ndata regarding the total number of cases tracked\n\npursuant to this section, and the number of cases\n\nadded during the previous fiscal year pursuant to this\n\nsection by each district attorney's office. A copy of\n\nthe report shall be distributed to the Governor, the\n\nPresident Pro Tempore of the Senate, the Speaker of\n\nthe House of Representatives and the chairs of the\n\nSenate and House Judiciary Committees.\n\nc. For purposes of this paragraph, \"jailhouse informant\"\n\nmeans a person who provides, or who the prosecutor\n\nintends to provide, testimony about admissions or\n\nother relevant information made to him or her by the\n\nsuspect or defendant while both persons were detained\n\nor incarcerated in a penal institution.\n\nB. Disclosure of Evidence by the Defendant.\n\n1. Upon request of the state, the defense shall be required to\n\ndisclose the following:\n\na. the names and addresses of witnesses which the defense\n\nintends to call at trial, together with their\n\nrelevant, written or recorded statement, if any, or if\n\nnone, significant summaries of any oral statement,\n\nb. the name and address of any witness, other than the\n\ndefendant, who will be called to show that the\n\ndefendant was not present at the time and place\n\nspecified in the information or indictment, together\n\nwith the witness' statement to that fact,\n\nc. the names and addresses of any witness the defendant\n\nwill call, other than himself, for testimony relating\n\nto any mental disease, mental defect, or other\n\ncondition bearing upon his mental state at the time\n\nthe offense was allegedly committed, together with the\n\nwitness' statement of that fact, if the statement is\n\nredacted by the court to preclude disclosure of\n\nprivileged communication.\n\n2. A statement filed under subparagraph a, b or c of paragraph\n\n1 of subsection A or B of this section is not admissible in evidence\n\nat trial. Information obtained as a result of a statement filed\n\nunder subsection A or B of this section is not admissible in\n\nevidence at trial except to refute the testimony of a witness whose\n\nidentity subsection A of this section requires to be disclosed.\n\n3. Upon the prosecuting attorney's request after the time set\n\nby the court, the defendant shall allow him access at any reasonable\n\ntimes and in any reasonable manner to inspect, photograph, copy, or\n\nhave reasonable tests made upon any book, paper, document,\n\nphotograph, or tangible object which is within the defendant's\n\npossession or control and which:\n\na. the defendant intends to offer in evidence, except to\n\nthe extent that it contains any communication of the\n\ndefendant, or\nn any reasonable manner to inspect, photograph, copy, or\n\nhave reasonable tests made upon any book, paper, document,\n\nphotograph, or tangible object which is within the defendant's\n\npossession or control and which:\n\na. the defendant intends to offer in evidence, except to\n\nthe extent that it contains any communication of the\n\ndefendant, or\n\nb. is a report or statement as to a physical or mental\n\nexamination or scientific test or experiment made in\n\nconnection with the particular case prepared by and\n\nrelating to the anticipated testimony of a person whom\n\nthe defendant intends to call as a witness, provided\n\nthe report or statement is redacted by the court to\n\npreclude disclosure of privileged communication.\n\nC. Continuing Duty to Disclose.\n\nIf, prior to or during trial, a party discovers additional\n\nevidence or material previously requested or ordered, which is\n\nsubject to discovery or inspection under the Oklahoma Criminal\n\nDiscovery Code, such party shall promptly notify the other party,\n\nthe attorney of the other party, or the court of the existence of\n\nthe additional evidence or material.\n\nD. Time of Discovery.\n\n1. Motions for discovery may be made at the time of the\n\ndistrict court arraignment or thereafter; provided that requests for\n\npolice reports may be made subject to the provisions of Section 258\n\nof this title. However, a request pursuant to Section 258 of this\n\ntitle shall be subject to the discretion of the district attorney.\n\nAll issues relating to discovery, except as otherwise provided, will\n\nbe completed at least ten (10) days prior to trial. The court may\n\nspecify the time, place and manner of making the discovery and may\n\nprescribe such terms and conditions as are just.\n\n2. Within thirty (30) days of the filing of an endorsed\n\ncomplaint, indictment, or information in a court of record, law\n\nenforcement shall provide to the prosecuting agency the following\n\nrecords, if such records exist:\n\na. body camera videos at the time of arrest,\n\nb. vehicle-mounted camera videos at the time of arrest,\n\nand\n\nc. a recording of the administration of a sobriety test.\n\n3. Within ninety (90) days of the filing of an endorsed\n\ncomplaint, indictment, or information, the prosecuting agency shall\n\nmake available the records described in paragraph 2 of this\n\nsubsection to the defendant or his or her representative.\n\n4. Failure of a law enforcement agency to comply with the\n\nprovisions of paragraph 2 of this subsection may be punished by\n\ncontempt.\n\n5. The following information may be redacted by the prosecuting\n\nagency from the records provided to a defendant or his or her\n\nrepresentative as required by the provisions of paragraph 3 of this\n\nsubsection; provided that, notice of such redactions are given to\n\nthe defendant or to his or her representative:\n\na. information that would violate any requirement to keep\n\ncertain juvenile records confidential as provided for\n\nin Title 10A of the Oklahoma Statutes,\n\nb. information that would materially compromise an\n\nongoing criminal investigation or ongoing criminal\n\nprosecution other than the case involving the\n\ndefendant,\n\nc. information that would undermine the assertion of a\n\nprivilege to keep the identity of an informant\n\nconfidential as provided for in Section 2510 of Title\n\n12 of the Oklahoma Statutes,\n\nd. information that would identify any person who\n\nprovides information to law enforcement or the\n\ninformation provided by that person when that person\n\nrequests anonymity or where disclosure of the identity\n\nof the person or the information provided could\n\nreasonably be expected to threaten or endanger the\n\nphysical safety or property of the person or the\n\nphysical safety or property of others, or\n\ne. require production of records or videos that fall\n\noutside the scope permitted under the provisions of\n\nparagraph 2 of this subsection.\n\nE. Regulation of Discovery.\ny or where disclosure of the identity\n\nof the person or the information provided could\n\nreasonably be expected to threaten or endanger the\n\nphysical safety or property of the person or the\n\nphysical safety or property of others, or\n\ne. require production of records or videos that fall\n\noutside the scope permitted under the provisions of\n\nparagraph 2 of this subsection.\n\nE. Regulation of Discovery.\n\n1. Protective and Modifying Orders. Upon motion of the state\n\nor defendant, the court may at any time order that specified\n\ndisclosures be restricted, or make any other protective order. If\n\nthe court enters an order restricting specified disclosures, the\n\nentire text of the material restricted shall be sealed and preserved\n\nin the records of the court to be made available to the appellate\n\ncourt in the event of an appeal.\n\n2. Failure to Comply with a Request. If at any time during the\n\ncourse of the proceedings it is brought to the attention of the\n\ncourt that a party has failed to comply with this rule, the court\n\nmay order such party to permit the discovery or inspection, grant\n\ncontinuance, or prohibit the party from introducing evidence not\n\ndisclosed, or it may enter such other order as it deems just under\n\nthe circumstances.\n\n3. The discovery order shall not include discovery of legal\n\nwork product of either attorney which is deemed to include legal\n\nresearch or those portions of records, correspondence, reports, or\n\nmemoranda which are only the opinions, theories, or conclusions of\n\nthe attorney or the attorney's legal staff.\n\nF. Reasonable cost of copying, duplicating, videotaping,\n\ndeveloping or any other cost associated with this Code for items\n\nrequested shall be paid by the party so requesting; however, any\n\nitem which was obtained from the defendant by the state of which\n\ncopies are requested by the defendant shall be paid by the state.\n\nProvided, if the court determines the defendant is indigent and\n\nwithout funds to pay the cost of reproduction of the required items,\n\nthe cost shall be paid by the Indigent Defender System, unless\n\notherwise provided by law.","path":["OK Code","Title 22"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os22.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"be13f1b60d2f7660515cdaf5d8de023210c592a38a48f3f18d4adce60f69e2f6","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-22-22-2001","next":"us-ok/okla.-stat.-tit.-22-22-201"},"notice":"GroundRules: Original legal text. Not legal advice."}