RULE CrR 4.7
                            DISCOVERY

(a) Prosecutors Obligations.

  (1) Except as otherwise provided by protective orders or as to
matters not subject to disclosure, the prosecuting attorney shall
disclose to the defendant the following material and information
within the prosecuting attorney's possession or control no later
than the omnibus hearing:

     (i) the names and addresses of persons whom the prosecuting
attorney intends to call as witnesses at the hearing or trial,
together with any written or recorded statements and the
substance of any oral statements of such witnesses;

     (ii) any written or recorded statements and the substance of
any oral statements made by the defendant, or made by a
codefendant if the trial is to be a joint one;

     (iii) when authorized by the court, those portions of grand
jury minutes containing testimony of the defendant, relevant
testimony of persons whom the prosecuting attorney intends to
call as witnesses at the hearing or trial, and any relevant
testimony that has not been transcribed;

     (iv) any reports or statements of experts made in connection
with the particular case, including results of physical or mental
examinations and scientific tests, experiments, or comparisons;

     (v) any books, papers, documents, photographs, or tangible
objects, which the prosecuting attorney intends to use in the
hearing or trial or which were obtained from or belonged to the
defendant; and

     (vi) any record of prior criminal convictions known to the
prosecuting attorney of the defendant and of persons whom the
prosecuting attorney intends to call as witnesses at the hearing
or trial.

  (2) The prosecuting attorney shall disclose to the defendant:

     (i) any electronic surveillance, including wiretapping, of
the defendant's premises or conversations to which the defendant
was a party and any record thereof;

     (ii) any expert witnesses whom the prosecuting attorney will
call at the hearing or trial, the subject of their testimony, and
any reports they have submitted to the prosecuting attorney;

     (iii) any information which the prosecuting attorney has
indicating entrapment of the defendant.

  (3) Except as is otherwise provided as to protective orders,
the prosecuting attorney shall disclose to defendant's counsel
any material or information within the prosecuting attorney's
knowledge which tends to negate defendant's guilt as to the
offense charged.

  (4) The prosecuting attorney's obligation under this section is
limited to material and information within the knowledge,
possession or control of members of the prosecuting attorney's
staff.

(b) Defendant's Obligations.

  (1) Except as is otherwise provided as to matters not subject
to disclosure and protective orders, the defendant shall disclose
to the prosecuting attorney the following material and
information within the defendant's control no later than the
omnibus hearing: the names and addresses of persons whom the
defendant intends to call as witnesses at the hearing or trial,
together with any written or recorded statements and the
substance of any oral statements of such witness.

  (2) Notwithstanding the initiation of judicial proceedings, and
subject to constitutional limitations, the court on motion of the
prosecuting attorney or the defendant, may require or allow the
defendant to:

     (i) appear in a lineup;

     (ii) speak for identification by a witness to an offense;

     (iii) be fingerprinted;

     (iv) pose for photographs not involving reenactment of the
crime charged;

     (v) try on articles of clothing;

     (vi) permit the taking of samples of or from the defendant's
blood, hair, and other materials of the defendant's body
including materials under the defendant's fingernails which
involve no unreasonable intrusion thereof;

     (vii) provide specimens of the defendant's handwriting;

     (viii) submit to a reasonable physical, medical, or
psychiatric inspection or examination;

     (ix) state whether there is any claim of incompetency to
stand trial;

     (x) allow inspection of physical or documentary evidence in
defendant's possession;

     (xi) state whether the defendant's prior convictions will be
stipulated or need to be proved;

     (xii) state whether or not the defendant will rely on an
alibi and, if so, furnish a list of alibi witnesses and their
addresses;

     (xiii) state whether or not the defendant will rely on a
defense of insanity at the time of the offense;

     (xiv) state the general nature of the defense.

  (3) Provisions may be made for appearance for the foregoing
purposes in an order for pretrial release.

(c) Additional Disclosures Upon Request and Specification. Except
as is otherwise provided as to matters not subject to disclosure
the prosecuting attorney shall, upon request of the defendant,
disclose any relevant material and information regarding:

  (1) Specified searches and seizures;

  (2) The acquisition of specified statements from the defendant;
and

  (3) The relationship, if any, of specified persons to the
prosecuting authority.

(d) Material Held by Others. Upon defendant's request and
designation of material or information in the knowledge,
possession or control of other persons which would be
discoverable if in the knowledge, possession or control of the
prosecuting attorney, the prosecuting attorney shall attempt to
cause such material or information to be made available to the
defendant. If the prosecuting attorney's efforts are unsuccessful
and if such material or persons are subject to the jurisdiction
of the court, the court shall issue suitable subpoenas or orders
to cause such material to be made available to the defendant.

(e) Discretionary Disclosures.

  (1) Upon a showing of materiality to the preparation of the
defense, and if the request is reasonable, the court in its
discretion may require disclosure to the defendant of the
relevant material and information not covered by sections (a),
(c) and (d).

  (2) The court may condition or deny disclosure authorized by
this rule if it finds that there is a substantial risk to any
person of physical harm, intimidation, bribery, economic
reprisals or unnecessary annoyance or embarrassment, resulting
from such disclosure, which outweigh any usefulness of the
disclosure to the defendant.

(f) Matters Not Subject to Disclosure.

  (1) 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 investigating or prosecuting agencies except as to
material discoverable under subsection (a)(1)(iv).

  (2) Informants. Disclosure of an informants identity shall not
be required where the informants identity is a prosecution secret
and a failure to disclose will not infringe upon the
constitutional rights of the defendant. Disclosure of the
identity of witnesses to be produced at a hearing or trial shall
not be denied.

(g) Medical and Scientific Reports. Subject to constitutional
limitations, the court may require the defendant to disclose any
reports or results, or testimony relative thereto, of physical or
mental examinations or of scientific tests, experiments or
comparisons, or any other reports or statements of experts which
the defendant intends to use at a hearing or trial.

(h) Regulation of Discovery.

  (1) Investigations Not To Be Impeded. Except as is otherwise
provided with respect to protective orders and matters not
subject to disclosure, neither the counsel for the parties nor
other prosecution or defense personnel shall advise persons other
than the defendant having relevant material or information to
refrain from discussing the case with opposing counsel or showing
opposing counsel any relevant material, nor shall they otherwise
impede opposing counsels investigation of the case.

  (2) Continuing Duty To Disclose. If, after compliance with
these rules or orders pursuant thereto, a party discovers
additional material or information which is subject to
disclosure, the party shall promptly notify the other party or
their counsel of the existence of such additional material, and
if the additional material or information is discovered during
trial, the court shall also be notified.

  (3) Custody of Materials. Any materials furnished to an
attorney pursuant to these rules shall remain in the exclusive
custody of the attorney and be used only for the purposes of
conducting the party's side of the case, unless otherwise agreed
by the parties or ordered by the court, and shall be subject to
such other terms and conditions as the parties may agree or the
court may provide. Further, a defense attorney shall be permitted
to provide a copy of the materials to the defendant after making
appropriate redactions which are approved by the prosecuting
authority or order of the court.

  (4) Protective Orders. Upon a showing of cause, the court may
at any time order that specified disclosure be restricted or
deferred, or make such other order as is appropriate, provided
that all material and information to which a party is entitled
must be disclosed in time to permit the party's counsel to make
beneficial use thereof.

  (5) Excision. When some parts of certain material are
discoverable under this rule, and other parts not discoverable,
as much of the material shall be disclosed as is consistent with
this rule. Material excised pursuant to judicial order shall be
sealed and preserved in the records of the court, to be made
available to the appellate court in the event of an appeal.

  (6) In Camera Proceedings. Upon request of any person, the
court may permit any showing of cause for denial or regulation of
disclosure, or portion of such showing, to be made in camera. A
record shall be made of such proceedings. If the court enters an
order granting relief following a showing in camera, the entire
record of such showing shall be sealed and preserved in the
records of the court, to be made available to the appellate court
in the event of an appeal.

  (7) Sanctions.

     (i) 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 an applicable discovery rule or an order issued
pursuant thereto, the court may order such party to permit the
discovery of material and information not previously disclosed,
grant a continuance, dismiss the action or enter such other order
as it deems just under the circumstances.

     (ii) Willful violation by counsel of an applicable discovery
rule or an order issued pursuant thereto may subject counsel to
appropriate sanctions by the court.

[Amended effective September 1, 1986; September 1, 2005;
September 1, 2007.]

  Comment Supersedes RCW 10.37.030, .033; RCW 10.46.030 in part.