29-1916. Discovery order; reciprocity to prosecution; waiver of privilege of self-incrimination.

180 words·~1 min read·/ne/chapter-29/29-1916

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

(1)Whenever the court issues an order pursuant to the provisions of sections 29-1912 and 29-1913 , the court may condition its order by requiring the defendant to grant the prosecution like access to comparable items or information included within the defendant's request which:

(a)Are in the possession, custody, or control of the defendant;

(b)The defendant intends to produce at the trial; and

(c)Are material to the preparation of the prosecution's case.

(2)Whenever a defendant is granted an order under sections 29-1912 to 29-1921 , the defendant shall be deemed to have waived the privilege of self-incrimination for the purposes of the operation of this section.

This section does not provide a basis for a trial court to order a defendant to produce defense exhibits when the defendant has not requested a discovery order pursuant to section 29-1912. State v. Kinney, 262 Neb. 812, 635 N.W.2d 449 (2001).

Whenever court issues order to produce documents or information on defendant's motion, it may require defendant to reciprocate. State v. Eskew, 192 Neb. 76, 218 N.W.2d 898 (1974).