Montana Code Annotated
Part 3. Discovery -- Immunity for Witnesses
46-15-324. Materials not subject to disclosure

46-15-324. Materials not subject to disclosure. (1) Except as provided in this section, disclosure is not required for the superseded notes or work product of the prosecuting or defense attorney.
(2) If exculpatory information is contained in the superseded notes or work product of the prosecution, that information must be disclosed.
(3) Disclosure of the existence of an informant or the identity of an informant who will not be called to testify is not required if:
(a) disclosure would result in substantial risk to the informant or to the informant's operational effectiveness; and
(b) the failure to disclose will not infringe the constitutional rights of the accused.
History: En. Sec. 4, Ch. 202, L. 1985; amd. Sec. 139, Ch. 800, L. 1991; amd. Sec. 35, Ch. 262, L. 1993.

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