Contents of Court Order

(a) Where an order requiring disclosure under this Chapter is issued, the order shall state and the court shall determine the time, place and manner of making the disclosure required. The court may impose such terms and conditions as the court determines are just, provided that all material and information to which a party is entitled shall be disclosed in time to permit his beneficial use thereof. (b) Where a document or other tangible object contains material, part of which is subject to disclosure pursuant to this Chapter and part of which is not subject to disclosure, only the part subject to disclosure need be disclosed but the entire document or other tangible object 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. NOTE: Section 70.30 is based on ABA, Project on Standards for Criminal Justice Discovery and Procedure Before Trial §§ 4.3-4.6 (Approved draft 1970). See also former Rule 16(d), (e). § 70.30 provides the court broad discretion to impose suitable conditions on disclosure. Moreover, in some circumstances a document, photograph or other source will contain extraneous material not subject to disclosure and the section makes clear that the latter may be withheld. However, the section also makes clear that material and information which is required to be disclosed by this Chapter must be eventually and timely provided. The section also provides for preservation of material not disclosed for possible appellate review. See also § 70.35 (in camera proceedings).