2012 Idaho Statutes
Title 46 - MILITIA AND MILITARY AFFAIRS
Chapter 11 - CODE OF MILITARY JUSTICE
Section 46-1134 - DISCOVERY.

(1) At any session convened pursuant to section 46-1127, Idaho Code, and for good cause shown at trial, the military judge shall, upon a motion of the accused, order the trial counsel to divulge to the accused, and, where necessary, permit the accused to inspect, copy or photograph:

(2) At any session convened pursuant to section 46-1127, Idaho Code, and, for good cause shown at trial, the military judge may, upon a motion of the accused, order the trial counsel to permit the accused to inspect, copy, or photograph books, papers, documents, tangible objects, buildings, or places or copies or portions thereof, which are within the possession, custody, or control of the state, upon a showing that they are material to the preparation of the defense and that the request is reasonable. If the relief requested hereunder is granted, the military judge may, upon motion of the trial counsel, inspect, copy, or photograph scientific or medical reports, books, papers, documents, tangible objects, or copies or portions thereof which the accused intends to introduce into evidence at trial, which are related to the discovery sought by the accused and which are within the possession, custody, or control of the defense upon a showing that they are material to the preparation of the state's case and that the request is reasonable.

(3) Notwithstanding any other provisions of this section, the trial counsel shall disclose to the accused, as soon as it is discovered, all material, exculpatory evidence actually known to the trial counsel, whether or not a request for such evidence has been made by the accused.

(4) Except as provided in subsections (1) and (3) of this section, discovery or inspection is not authorized of reports, memoranda or other internal documents made by state agents in connection with the investigation or prosecution of the case, or to statements made by state witnesses or prospective state witnesses to agents of the state except as provided in 18 USC sec. 3500.

(5) The military judge in granting relief under this article, shall, if necessary, specify the time, place, and manner of making the discovery and inspection permitted, under such terms and conditions as are just.

(6) Whenever discovery is ordered or required under this article, a continuing duty to disclose exists, and whenever a party discovers additional material previously requested or ordered which is subject to discovery or inspection, he shall promptly notify the other party or his counsel and the military judge of the existence of such additional material. In the event that either party fails to comply with this article or with an order issued pursuant to this article, the military judge may grant a continuance or prohibit the party from introducing into evidence the material not disclosed or it may enter such other order, including dismissal of all charges, as it deems just under the circumstances.

(7) Upon a sufficient showing by either party the military judge may at any time order that discovery or inspection be denied, restricted or deferred, or make such other order as is appropriate.