Matters Not Subject to Discovery by Defendant

Notwithstanding §§ 70.10 and 70.15, the prosecuting attorney shall not be required to disclose: (a) legal research or records, correspondence, reports or memoranda to the extent that they contain the opinions, theories or conclusions of the prosecuting attorney or members of his legal staff; (b) an informant's identity where his identity is a prosecution secret and a failure to disclose will not infringe the constitutional rights of the defendant. However, the identity of an informant may not be kept secret where the prosecuting attorney intends to call such person as a witness at the trial; and (c) confidential records under the Criminal Injuries Compensation Commission. SOURCE: Enacted by P.L. 13-186 (Sept. 2, 1976) as the Criminal Procedure Code of Guam. Codified in Title 8 Guam Code Annotated by P.L. 15-104:7 (Mar. 5, 1980). Amended by P.L. 37-040:2 (Aug. 11, 2023). NOTE: Section 70.20 is new. It is based on ABA, Project on Standards for Criminal Justice Discovery and Procedure Before Trial § 2.6 (Approved draft 1970). As to the general scope of the Awork product@ and informant exceptions provided here, see id., at 88-92. It should be noted however, that the Awork product@ exclusion is limited by both the nature and the maker of this material. That is, the exclusion is applicable only if the maker of the material is the prosecuting attorney or a member of his legal staff and then only if the source of the material is the lawyer's own thought processes - opinions, theories, conclusions - not a mere record of what he has seen or heard. CROSS REFERENCE: 8 GCA §§ 70.10 and 70.15.