XI. DISCOVERY

1. Prosecution evidence discoverable by Defendant. Upon written request of a defendant the prosecuting attorney shall permit the defendant to inspect and copy or photograph:
   1. Any relevant written or recorded statements made by the defendant or copies thereof, within the possession, custody or control of the Tribal Prosecutor, the existence of which is known, or by the exercise of due diligence may become known, to the Tribal Prosecutor;
   2. The substance of any oral statement, which the Tribal Prosecutor intends to offer in evidence at the trial, made by the defendant whether before or after the arrest in response to interrogation by any person then known to the defendant to be an employee of a law enforcement agency; and
2. Defense Evidence Discoverable by Prosecution. Upon written request of the prosecuting attorney, the defendant or defendant’s attorney shall disclose to the prosecutor all witnesses who may be called to testify at trial, including alibi witnesses.
3. Restriction of rights of discovery or inspection. Upon a sufficient showing the Court may at any time order that the discovery or inspection be denied, restricted, or deferred, or make such other order as is appropriate. Upon motion by a party, the Court may permit the party to make such showing, in whole or in part, in the form of written statement to be inspected by the Judge alone. If the Court enters an order granting relief following such ex parte showing, the entire text of the party’s statement 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.
4. Remedies on failure to party to comply with discovery requirements. If, at any time during the course of a proceeding, it is brought to the attention of the Court that a party has failed to comply with an applicable discovery provision, the Court may order such party to permit the discovery or inspection, grant a continuance, or prohibit the party from introducing evidence not disclosed, or it may enter such other order as it deems just under the circumstances. The Court may specify the time, place and manner of making the discovery and inspection and may prescribe such terms and conditions as are just.