Title 17, Chapter 16, Section 1
( 17-16-1)
As used in this chapter, the term: (1) "Possession, custody, or control of the state or prosecution"
means an item which is within the possession, custody, or control
of the prosecuting attorney or any law enforcement agency involved
in the investigation of the case being prosecuted. (2) "Statement of a witness" means: (A) A written or recorded statement, or copies thereof, made by
the witness that is signed or otherwise adopted or approved by
the witness; (B) A substantially verbatim recital of an oral statement made
by the witness that is recorded contemporaneously with the
making of the oral statement and is contained in a stenographic,
mechanical, electrical, or other recording or a transcription
thereof; or (C) A summary of the substance of a statement made by a witness
contained in a memorandum, report, or other type of written
document but does not include notes or summaries made by
counsel. (3) "Witness" does not include the defendant. |