[§806-84] Exhibits.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

[§806-84] Exhibits.

(a)When an offense is prosecuted by information, the legal prosecuting officer shall attach an exhibit demonstrating the existence of probable cause to believe that the offense charged in the information has been committed and that the defendant committed the offense.

(b)The exhibit shall include an affidavit or a declaration made under penalty of law. In addition, the exhibit may include, but is not limited to, documents, photographs, audio recordings, video recordings, other recordings, and other materials or copies thereof.

(c)The legal prosecuting officer shall include within the exhibit evidence that is clearly exculpatory, but no information shall be dismissed for failure to include such evidence if the court finds that the inclusion of the clearly exculpatory evidence would not have changed the finding of probable cause.

(d)Each signed statement of any person whose name appears as a witness in any affidavit or declaration that is part of the exhibit regarding the charged offense shall be made part of the filing if:

(1)It is in the possession of the legal prosecuting officer, the police, other county or state law enforcement agents; or

(2)It is in the possession of a federal law enforcement officer and:

(A)The legal prosecuting officer is aware of and able to timely obtain the statement; and

(B)The statement is one that the legal prosecuting officer would be required to produce in discovery.

(e)Statements made part of the filing pursuant to subsection

(d)may be redacted to remove the social security number, address, or phone number of any person.

(f)An information shall not be dismissed for failure to attach or file any such statement described in subsection (d). Any such statement shall be promptly provided to the defendant, or filed with the court if the location of the defendant is unknown or the defendant is without counsel, upon discovery by the legal prosecuting officer.

(g)The information shall be filed in the circuit court, and may be filed under seal with leave of court on good cause shown. All exhibits in support of the information shall be filed under seal in the circuit court. [L 2004, c 62, pt of §1]