Rule 413. Disclosure to Prosecution

Rule 413. Disclosure to Prosecution

(a) The Person of the Accused. Notwithstanding the initiation of judicial proceedings, and

subject to constitutional limitations, a judicial officer may require the accused, among other things,

to:

(i) appear in a lineup;

(ii) speak for identification by witnesses to an offense;

(iii) be fingerprinted;

(iv) pose for photographs not involving reenactment of a scene;

(v) try on articles of clothing;

(vi) permit the taking of specimens of material under his fingernails;

(vii) permit the taking of samples of his blood, hair and other materials of his body which

involve no unreasonable intrusion thereof;

(viii) provide a sample of his handwriting; and

(ix) submit to a reasonable physical or medical inspection of his body.

(b) Whenever the personal appearance of the accused is required for the foregoing purposes,

reasonable notice of the time and place of such appearance shall be given by the State to the

accused and his counsel, who shall have the right to be present. Provision may be made for

appearances for such purposes in an order admitting the accused to bail or providing for his release.

(c) Medical and Scientific Reports. Subject to constitutional limitations, the trial court shall,

on written motion, require that the State be informed of, and permitted to inspect and copy or

photograph, 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 defense counsel has in his possession or control, including a statement of the

qualifications of such experts, except that those portions of reports containing statements made by

the defendant may be withheld if defense counsel does not intend to use any of the material

contained in the report at a hearing or trial.

s, experiments or comparisons, or any other reports or statements

of experts which defense counsel has in his possession or control, including a statement of the

qualifications of such experts, except that those portions of reports containing statements made by

the defendant may be withheld if defense counsel does not intend to use any of the material

contained in the report at a hearing or trial.

(d) Defenses. Subject to constitutional limitations and within a reasonable time after the filing

of a written motion by the State, defense counsel shall inform the State of any defenses which he

intends to make at a hearing or trial and shall furnish the State with the following material and

information within his possession or control:

(i) the names and last known addresses of persons he intends to call as witnesses, together

with their relevant written or recorded statements, including memoranda reporting or

summarizing their oral statements, and record of prior criminal convictions known to him; and

(ii) any books, papers, documents, photographs, or tangible objects he intends to use as

evidence or for impeachment at a hearing or trial;

(iii) and if the defendant intends to prove an alibi, specific information as to the place where

he maintains he was at the time of the alleged offense.

(e) Additional Disclosure. Upon a showing of materiality, and if the request is reasonable,

the court in its discretion may require disclosure to the State of relevant material and information

not covered by this rule.

Effective October 1, 1971; amended October 1, 1976, effective November 15, 1976; amended June 15,

1982, effective July 1, 1982.

Committee Comments

Paragraphs (a) and (b) provide for procedures to secure evidence from or involving the use of

defendant’s person consistent with the rules enunciated in Gilbert v. California, 388 U.S. 263

of relevant material and information

not covered by this rule.

Effective October 1, 1971; amended October 1, 1976, effective November 15, 1976; amended June 15,

1982, effective July 1, 1982.

Committee Comments

Paragraphs (a) and (b) provide for procedures to secure evidence from or involving the use of

defendant’s person consistent with the rules enunciated in Gilbert v. California, 388 U.S. 263

(1967), and cases cited therein. See also Williams v. United States, 419 F.2d 740 (D.C. Cir. 1970)

(bail order may provide for appearance of defendant for lineup).

Paragraph (c) provides for the production of medical and scientific evidence in the possession

or control of defense counsel. Such evidence does not fall within the attorney-client privilege

(People v. Speck, 41 Ill. 2d 177), nor does such evidence involve self-incrimination unless it is

based upon statements made by defendant. Where statements of defendant are involved they may

be excised from reports. When defense counsel intends to use the scientific or medical evidence

based upon the defendant’s statements to the expert, excision shall not be made.

Paragraph (d) requires that defense counsel inform the State of any defenses he intends to offer.

The notice of defenses includes both affirmative defenses, i.e., insanity, and nonaffirmative

defenses, i.e., consent to intercourse in rape cases. The notice may include alternative and

inconsistent defenses. In addition, defense counsel must produce a list of witnesses and their

statements, along with any records or physical evidence he intends to use and any record of prior

convictions, known to him. The general justifications for discovery in criminal cases apply to

discovery against the defense. Such discovery eliminates unfair surprise and allows the opposing

party to establish the truth or falsity of the defense. In addition, discovery against the defense

eliminates the argument that criminal discovery is a one-way street

he intends to use and any record of prior

convictions, known to him. The general justifications for discovery in criminal cases apply to

discovery against the defense. Such discovery eliminates unfair surprise and allows the opposing

party to establish the truth or falsity of the defense. In addition, discovery against the defense

eliminates the argument that criminal discovery is a one-way street. The discovery provisions with

respect to the defense case are based upon two further premises: (1) when defense counsel receives

full discovery of the evidence the State will introduce, he can then determine what defenses he can

offer to that evidence and (2) only when defense counsel states his defense or defenses can the trial

court make a full and fair determination of whether the dictates of Brady v. Maryland, 373 U.S.

83 (1963), have been fully met.

Paragraph (e) allows the court to order additional discovery not covered by the remainder of

the rule but only upon a showing of materiality and reasonableness. The provision is parallel to

Rule 412(h).

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