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29-1914 Discovery order; limitation.

NE Code § 29-1914 (2019) (N/A)
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29-1914. Discovery order; limitation.

Whenever an order is issued pursuant to the provisions of section 29-1912 or 29-1913, it shall be limited to items or information that:

(1) Directly relate to the investigation of the underlying charge or charges in the case;

(2) Are within the possession, custody, or control of the state or local subdivisions of government; and

(3) Are known to exist by the prosecution or that, by the exercise of due diligence, may become known to the prosecution.

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Annotations

In a driving under the influence case, where the record clearly showed that a computer source code for a breath-testing machine was not in the State's possession and that the manufacturer of the machine considered the source code a trade secret and proprietary information, the source code was not discoverable under this section. State v. Kuhl, 16 Neb. App. 127, 741 N.W.2d 701 (2007).

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29-1913 Discovery; evidence of prosecuting authority; test or analysis by defense; when allowed; when inadmissible.
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29-1915 Discovery order; specify time, place, and manner of inspections and making copies.