Chapter 604: Rights of Accused

Every person indicted for an offense punishable by death or for murder in the first degree shall be entitled to a copy of the indictment before he is arraigned thereon; to a list of the witnesses to be used and of the jurors returned to serve on the trial, with the place of abode of each, to be delivered to him 24 hours before the trial; and to process from court to compel witnesses to appear and testify at the trial; provided, however, the justice presiding at the trial may admit the testimony of any witness whose name and place of abode is not on the list hereinbefore provided for upon such notice to the respondent as he, the presiding justice, shall direct, whenever, in his discretion, he deems such action will promote justice.

After an accused person has been bound over to the superior court and prior to indictment, the accused person shall have the same rights to discovery and deposition as he or she has subsequent to indictment, provided that all judicial proceedings with respect thereto shall be within the jurisdiction of the superior court, and notice of complaint therefor and hearing thereon shall be given to the county attorney, or the attorney general if the attorney general shall have entered the case.