(A) INFORMAL
Before any disclosure or discovery can be sought under these
rules by either party, counsel for the parties shall make a good faith effort
to resolve all questions of discovery, and to provide information required or
requested under these rules as to which there is no dispute. When there are
items requested by one party which the other party has refused to disclose, the
demanding party may make appropriate motion. Such motion shall be made within
14 days after arraignment, unless the time for filing is extended by the court.
In such motion the party must set forth the fact that a good faith effort to
discuss the requested material has taken place and proved unsuccessful. Nothing
in this provision shall delay the disclosure of any items agreed upon by the
parties pending resolution of any motion for discovery.
(B) DISCLOSURE BY THE COMMONWEALTH
(1) MANDATORY:
In all court cases, on request by the defendant, and subject
to any protective order which the Commonwealth might obtain under this rule,
the Commonwealth shall disclose to the defendant's attorney all of the
following requested items or information, provided they are material to the
instant case. The Commonwealth shall, when applicable, permit the defendant's
attorney to inspect and copy or photograph such items.
(a) Any evidence favorable to the accused
that is material either to guilt or to punishment, and is within the possession
or control of the attorney for the Commonwealth;
(b) any written confession or inculpatory
statement, or the substance of any oral confession or inculpatory statement,
and the identity of the person to whom the confession or inculpatory statement
was made that is in the possession or control of the attorney for the
Commonwealth;
(c) The defendant's
prior criminal record;
(d) The
circumstances and results of any identification of the defendant by voice,
photograph, or in-person identification;
(e) any results or reports of scientific
tests, expert opinions, and written or recorded reports of polygraph
examinations or other physical or mental examinations of the defendant that are
within the possession or control of the attorney for the
Commonwealth;
(f) any tangible
objects, including documents, photographs, fingerprints, or other tangible
evidence; and
(g) The transcripts
and recordings of any electronic surveillance, and the authority by which the
said transcripts and recordings were obtained.
(2) DISCRETIONARY WITH THE COURT:
(a) In all court cases, except as otherwise
provided in Rules 230 (Disclosure of Testimony Before Investigating Grand Jury)
and 556.10 (Secrecy; Disclosure), if the defendant files a motion for pretrial
discovery, the court may order the Commonwealth to allow the defendant's
attorney to inspect and copy or photograph any of the following requested
items, upon a showing that they are material to the preparation of the defense,
and that the request is reasonable:
(i) The
names and addresses of eyewitnesses;
(ii) all written or recorded statements, and
substantially verbatim oral statements, of eyewitnesses the Commonwealth
intends to call at trial;
(iii) all
written and recorded statements, and substantially verbatim oral statements,
made by co-defendants, and by co-conspirators or accomplices, whether such
individuals have been charged or not; and
(iv) any other evidence specifically
identified by the defendant, provided the defendant can additionally establish
that its disclosure would be in the interests of justice.
(b) If an expert whom the attorney for the
Commonwealth intends to call in any proceeding has not prepared a report of
examination or tests, the court, upon motion, may order that the expert
prepare, and that the attorney for the Commonwealth disclose, a report stating
the subject matter on which the expert is expected to testify; the substance of
the facts to which the expert is expected to testify; and a summary of the
expert's opinions and the grounds for each opinion.
(C) DISCLOSURE BY THE DEFENDANT
(1) In all court cases, if the Commonwealth
files a motion for pretrial discovery, upon a showing of materiality to the
preparation of the Commonwealth's case and that the request is reasonable, the
court may order the defendant, subject to the defendant's rights against
compulsory self-incrimination, to allow the attorney for the Commonwealth to
inspect and copy or photograph any of the following requested items:
(a) results or reports of physical or mental
examinations, and of scientific tests or experiments made in connection with
the particular case, or copies thereof, within the possession or control of the
defendant, that the defendant intends to introduce as evidence in chief, or
were prepared by a witness whom the defendant intends to call at the trial,
when results or reports relate to the testimony of that witness, provided the
defendant has requested and received discovery under paragraph (B)(1)(e);
and
(b) The names and addresses of
eyewitnesses whom the defendant intends to call in its case-in-chief, provided
that the defendant has previously requested and received discovery under
paragraph (B)(2)(a)(i).
(2) If an expert whom the defendant intends
to call in any proceeding has not prepared a report of examination or tests,
the court, upon motion, may order that the expert prepare and the defendant
disclose a report stating the subject matter on which the expert is expected to
testify; the substance of the facts to which the expert is expected to testify;
and a summary of the expert's opinions and the grounds for each
opinion.
(D) CONTINUING
DUTY TO DISCLOSE
If, prior to or during trial, either party discovers
additional evidence or material previously requested or ordered to be disclosed
by it, which is subject to discovery or inspection under this rule, or the
identity of an additional witness or witnesses, such party shall promptly
notify the opposing party or the court of the additional evidence, material, or
witness.
(E) REMEDY
If at any time during the course of the proceedings it is
brought to the attention of the court that a party has failed to comply with
this rule, the court may order such party to permit discovery or inspection,
may grant a continuance, or may prohibit such party from introducing evidence
not disclosed, other than testimony of the defendant, or it may enter such
other order as it deems just under the circumstances.
(F) PROTECTIVE ORDERS
Upon a sufficient showing, the court may at any time order
that the discovery or inspection be denied, restricted, or deferred, or make
such other order as is appropriate. Upon motion of any party, the court may
permit the showing to be made, in whole or in part, in the form of a written
statement to be inspected by the court in camera. If the court enters an order
granting relief following a showing in camera, the entire text of the statement
shall be sealed and preserved in the records of the court to be made available
to the appellate court(s) in the event of an appeal.
(G) WORK PRODUCT
Disclosure shall not be required of legal research or of
records, correspondence, reports, or memoranda to the extent that they contain
the opinions, theories, or conclusions of the attorney for the Commonwealth or
the attorney for the defense, or members of their legal
staffs.
Notes
The provisions
of this Rule 573 amended March 3, 2004, effective 7/1/2004, 34 Pa.B. 1547; amended March 26, 2004,
effective 7/1/2004, 34 Pa.B.
1932; amended January 27, 2006, effective 8/1/2006, 36 Pa.B. 694; amended June 21, 2012,
effective in 180 days, 42 Pa.B. 4140; amended January 4, 2022, effective
7/1/2022, 52 Pa.B.
346.
