1. A. Disclosure of Evidence by the State.

   1. 1. Upon request of the defense, the state shall disclose the following:

      1. a. unless otherwise prohibited by law, the names and addresses, phone numbers, and, if available to the state, email addresses of witnesses interviewed, identified, or known by any member of law enforcement or any member of the office of the prosecutor during the course of the prosecution, together with their relevant, written or recorded statement, if any, or, if none, significant summaries of any oral statement. Phone numbers and email addresses of victims of domestic violence, sexual assault, child abuse, stalking, or violations of a protective order may be maintained by the office of the district attorney and made available to defense counsel upon request,
      2. b. all law enforcement reports made in connection with the particular case, including initial and supplemental reports by any person or agency involved in the investigation of the case, photographs, diagrams, vehicle dashboard camera and body camera video, and audio and video recordings directly related to the case,
      3. c. all written or recorded statements and the substance of all oral statements made by the accused or made by a codefendant to any member of law enforcement, any member of the office of the prosecutor, or any other person or agency involved in the investigation of the case,
      4. d. all photographs and lineup materials taken or used during a lineup procedure, and any notes or reports made resulting from the lineup procedure. The duty to disclose lineup materials includes all pre-lineup and post-lineup instructions given to the witness, as well as recordings made prior to, during, or following the lineup procedure, and all initial and subsequent suspect descriptions obtained from eyewitnesses,
      5. e. all reports or statements of examinations or tests made in connection with the particular case, including results of physical or mental examinations, preliminary or presumptive tests and screening results, scientific tests, experiments, comparisons, polygraph testing, all raw data, worksheets, laboratory notes, diagrams, and peer review notes or reports and any such records stored electronically, and all records of proficiency testing relating to any testing or analysis,
      6. f. all books, papers, documents, photographs, tangible objects, buildings or places which the prosecuting attorney intends to use in the hearing or trial or which were obtained during the course of the investigation,
      7. g. any record of prior criminal convictions of the defendant, any codefendants, and witnesses that law enforcement or the prosecutor has interviewed who the state intends to testify,
      8. h. background checks, including criminal history, on any witness listed by the state or the defense as a witness who will testify at trial, as well as any convictions of any witness revealed through additional record checks if the defense has furnished Social Security numbers or date of birth for their witnesses, except OSBI rap sheet/record checks shall not provide date of birth, Social Security number, home phone number or address,
      9. i. dispatch records, 9-1-1 calls, or other emergency service calls related to the crime. The prosecution may withhold the names and identifying information of any victim who contacted 9-1-1 or other emergency services provided; however, an application for a protective order pursuant to the provisions of paragraph 1 of subsection E of this section may be made. If the prosecution intends to call such person as a witness at a trial or hearing, the prosecution shall disclose the name and contact information, as available to the state, of such witness no later than thirty (30) days before such trial or hearing or as soon as practicable, and
      10. j. the name and work affiliation of all law enforcement personnel who have evidence or information relevant to any offense charged or to any potential defense thereto. Unless the court rules otherwise for good cause shown information, pursuant to the provisions of this subparagraph, relating to undercover personnel may be withheld and redacted from discovery materials without the need to file a motion and upon written notification by the prosecution that such information has not been disclosed.

   2. 2. The state shall provide the defendant all evidence in its possession which may be favorable to the defendant including, but not limited to, evidence that:

      1. a. negates the guilt of the defendant as to a charged offense,
      2. b. reduces the degree of or mitigates the culpability of the defendant as to a charged offense,
      3. c. supports a potential defense to a charged offense,
      4. d. impeaches the credibility of a testifying prosecution witness, or

      5. e. undermines evidence of the identity of the defendant as a perpetrator of a charged offense.

         Information under the provisions of this paragraph shall be disclosed whether or not such information is recorded in tangible form and irrespective of whether the prosecutor credits the information.

         The prosecutor shall have an ongoing duty to disclose such information within a reasonable amount of time upon its discovery.

   3. 3. The prosecuting attorney's obligations under this standard extend to:

      1. a. material and information in the possession or control of members of the prosecutor's staff,
      2. b. any information in the possession of law enforcement agencies that regularly report to the prosecutor of which the prosecutor should reasonably know, and
      3. c. any information in the possession of law enforcement agencies who have reported to the prosecutor with reference to the particular case of which the prosecutor should reasonably know.

   4. 4.

      1. a. If the state intends to introduce testimony of an informant, including a codefendant, the state shall disclose at least thirty (30) days prior to trial:

         1. (1) the complete criminal history of such informant, including any dismissed charges,
         2. (2) any deal, promise, inducement or benefit that the state or law enforcement agency has made or may make in the future to the informant in connection with the testimony of such informant,
         3. (3) the specific statements or recordings made by the suspect or defendant and the time, place and manner of the disclosure to the informant,
         4. (4) all other filed cases in which the state intended to introduce the testimony of the informant in connection with a deal, promise, inducement or benefit, the nature of the deal, promise, inducement or benefit, and whether the testimony was admitted in the case,
         5. (5) whether at any time the informant recanted the testimony or statement, and if so, a transcript or copy of such recantation, if any, and
         6. (6) any other information relevant to the credibility of the informant.

      2. b. For purposes of this paragraph, "informant" means a person who provides, or who the prosecutor intends to provide, testimony about admissions or other relevant information made to him or her by the suspect or defendant and is limited to a person who:

         1. (1) is a codefendant,
         2. (2) was incarcerated with the defendant at any time, or
         3. (3) testifies with the promise or expectation of a benefit.
      3. c. Each district attorney's office shall maintain a central record that tracks each case in which the state intended to introduce the testimony of a jailhouse informant against a suspect or defendant in connection with a deal, promise, inducement or benefit, the nature of the deal, promise, inducement or benefit, and whether such testimony or statements were admitted in the case. Such record shall be sent to the District Attorneys Council which shall maintain a statewide record of such information. Records maintained pursuant to this subparagraph shall only be accessible to prosecutors and shall not be subject to the Oklahoma Open Records Act. By September 15 of each year, the District Attorneys Council shall publish an annual report of aggregate, de-identified data regarding the total number of cases tracked pursuant to this section, and the number of cases added during the previous fiscal year pursuant to this section by each district attorney's office. A copy of the report shall be distributed to the Governor, the President Pro Tempore of the Oklahoma State Senate, the Speaker of the Oklahoma House of Representatives and the chairs of the Senate and House Judiciary Committees. For purposes of this subparagraph, "jailhouse informant" means a person who provides, or who the prosecutor intends to provide, testimony about admissions or other relevant information made to him or her by the suspect or defendant while both persons were detained or incarcerated in a penal institution.

2. B. Disclosure of Evidence by the Defendant.

   1. 1. Upon request of the state, the defense shall be required to disclose the following:

      1. a. the names, addresses, and phone numbers, and, if available to the defendant, email addresses of witnesses which the defense intends to call at trial, together with their relevant, written or recorded statement, if any, or if none, significant summaries of any oral statement,
      2. b. the name, the address, phone number, and, if available to the defense, email address of any witness, other than the defendant, who will be called to show that the defendant was not present at the time and place specified in the information or indictment, together with the witness' statement to that fact,
      3. c. the names, addresses, phone numbers, and, if available to the defense, email addresses of any witness the defendant will call, other than himself or herself, for testimony relating to any mental disease, mental defect, or other condition bearing upon his mental state at the time the offense was allegedly committed, together with the witness' statement of that fact, if the statement is redacted by the court to preclude disclosure of privileged communication.
   2. 2. A statement filed under subparagraph a, b or c of paragraph 1 of subsection A or B of this section is not admissible in evidence at trial. Information obtained as a result of a statement filed under subsection A or B of this section is not admissible in evidence at trial except to refute the testimony of a witness whose identity subsection A of this section requires to be disclosed.

   3. 3. Upon the prosecuting attorney's request after the time set by the court, the defendant shall allow him or her access at any reasonable times and in any reasonable manner to inspect, photograph, copy, or have reasonable tests made upon any book, paper, document, photograph, or tangible object which is within the defendant's possession or control and which:

      1. a. the defendant intends to offer in evidence, except to the extent that it contains any communication of the defendant, or
      2. b. is a report or statement as to a physical or mental examination or scientific test or experiment made in connection with the particular case prepared by and relating to the anticipated testimony of a person whom the defendant intends to call as a witness, provided the report or statement is redacted by the court to preclude disclosure of privileged communication.

3. C. Continuing Duty to Disclose.

   If, prior to or during trial, a party discovers additional evidence or material which is subject to discovery or inspection under the Oklahoma Criminal Discovery Code, such party shall promptly notify the other party, the attorney of the other party, or the court of the existence of the additional evidence or material.

4. D. Time of Discovery.

   1. 1. Motions for discovery may be made at the time of thedistrict court arraignment or thereafter; provided that requests for police reports may be made subject to the provisions of Section 258 of this title. However, a request pursuant to Section 258 of this title shall be subject to the discretion of the district attorney. All issues relating to discovery, except as otherwise provided, will be completed not less than thirty (30) days prior to trial. The court may specify the time, place and manner of making the discovery and may prescribe such terms and conditions as are just.
   2. 2. Upon formal arraignment and at the request of either party, the judge shall issue a scheduling order setting forth timelines for discovery to be exchanged between the state and the defendant.

   3. 3. Within thirty (30) days of the filing of an endorsed complaint, indictment, or information in a court of record, law enforcement shall provide to the prosecuting agency the following records, if such records exist:

      1. a. body camera videos at the time of arrest,
      2. b. vehicle-mounted camera videos at the time of arrest, and
      3. c. a recording of the administration of a sobriety test.
   4. 4. Within ninety (90) days of the filing of an endorsed complaint, indictment, or information, the prosecuting agency shall make available the records described in paragraph 3 of this subsection to the defendant or his or her representative.
   5. 5. Failure of a law enforcement agency to comply with the provisions of paragraph 3 of this subsection may be punished by contempt.

   6. 6. The following information may be redacted by the prosecuting agency from the records provided to a defendant or his or her representative as required by the provisions of paragraph 4 of this subsection; provided that, notice of such redactions are given to the defendant or to his or her representative:

      1. a. information that would violate any requirement to keep certain juvenile records confidential as provided for in Title 10A of the Oklahoma Statutes,
      2. b. information that would materially compromise an ongoing criminal investigation or ongoing criminal prosecution other than the case involving the defendant,
      3. c. information that would undermine the assertion of a privilege to keep the identity of an informant confidential as provided for in Section 2510 of Title 12 of the Oklahoma Statutes,
      4. d. information that would identify any person who provides information to law enforcement or the information provided by that person when that person requests anonymity or where disclosure of the identity of the person or the information provided could reasonably be expected to threaten or endanger the physical safety or property of the person or the physical safety or property of others, unless said person is called to testify as a witness at any hearing or trial, or
      5. e. require production of records or videos that fall outside the scope permitted under the provisions of paragraph 3 of this subsection.

5. E. Regulation of Discovery.

   1. 1. Protective and Modifying Orders. Upon motion of the state or defendant, the court may at any time order that specified disclosures be restricted, or make any other protective order. If the court enters an order restricting specified disclosures, the entire text of the material restricted 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.
   2. 2. Failure to Comply with a Request. 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 compel discovery or order such party to permit the discovery or inspection, grant continuance, or prohibit the party from introducing evidence not disclosed, or it may enter such other order as it deems just under the circumstances. The court may impose any appropriate remedy to cure the failure to comply.
   3. 3. The discovery order shall not include discovery of legal work product of either attorney which is deemed to include legal research or those portions of records, correspondence, reports, or memoranda which are only the opinions, theories, or conclusions of the attorney or the attorney's legal staff.
6. F. Reasonable cost of copying, duplicating, videotaping, developing or any other cost associated with this Code for items requested shall be paid by the party so requesting; however, any item which was obtained from the defendant by the state of which copies are requested by the defendant shall be paid by the state. Provided, if the court determines the defendant is indigent and without funds to pay the cost of reproduction of the required items, the cost shall be paid by the Indigent Defense System, unless otherwise provided by law.

Laws 1994, SB 666, c. 292, § 2, eff. September 1, 1994; Amended by Laws 1996, SB 1087, c. 304, § 4, emerg. eff. June 10, 1996; Amended by Laws 1998, HB 2387, c. 155, § 1, eff. November 1, 1998 (superseded document available); Amended by Laws 2002, SB 1536, c. 460, § 23, eff. November 1, 2002 (superseded document available); Amended by Laws 2020, SB 1385, § 2, eff. November 1, 2020 (superseded document available); Amended by Laws 2025, HB 1563, c. 327, § 2, eff. November 1, 2025 (superseded document available); Amended by Laws 2026, HB 3742, c. 99, § 3, eff. November 1, 2026 (superseded document available).