§ 245.50 Certificates of compliance; readiness for trial.

1. By the prosecution. When the prosecution has provided the discovery
required by subdivision one of section 245.20 of this article, except
for discovery that is lost or destroyed as provided by paragraph (b) of
subdivision one of section 245.80 of this article and except for any
items or information that are the subject of an order pursuant to
section 245.70 of this article, it shall serve upon the defendant and
file with the court a certificate of compliance. The certificate of
compliance shall state that, after exercising due diligence and making
reasonable inquiries to ascertain the existence of material and
information subject to discovery, the prosecutor has disclosed and made
available all known material and information subject to discovery. It
shall also identify the items provided. If additional discovery is
subsequently provided prior to trial pursuant to section 245.60 of this
article, a supplemental certificate shall be served upon the defendant
and filed with the court identifying the additional material and
information provided. No adverse consequence to the prosecution or the
prosecutor shall result from the filing of a certificate of compliance
in good faith and reasonable under the circumstances; but the court may
grant a remedy or sanction for a discovery violation as provided in
section 245.80 of this article.

1-a. Any supplemental certificate of compliance shall detail the basis
for the delayed disclosure so that the court may determine whether the
delayed disclosure impacts the propriety of the certificate of
compliance. The filing of a supplemental certificate of compliance shall
not impact the validity of the original certificate of compliance if
filed in good faith and after exercising due diligence pursuant to
section 245.20 of this article, or if the additional discovery did not
exist at the time of the filing of the original certificate of
compliance.

2. By the defendant. When the defendant has provided all discovery
required by subdivision four of section 245.20 of this article, except
for any items or information that are the subject of an order pursuant
to section 245.70 of this article, counsel for the defendant shall serve
upon the prosecution and file with the court a certificate of
compliance. The certificate shall state that, after exercising due
diligence and making reasonable inquiries to ascertain the existence of
material and information subject to discovery, counsel for the defendant
has disclosed and made available all known material and information
subject to discovery. It shall also identify the items provided. If
additional discovery is subsequently provided prior to trial pursuant to
section 245.60 of this article, a supplemental certificate shall be
served upon the prosecution and filed with the court identifying the
additional material and information provided. No adverse consequence to
the defendant or counsel for the defendant shall result from the filing
of a certificate of compliance in good faith; but the court may grant a
remedy or sanction for a discovery violation as provided in section
245.80 of this article.

3. Trial readiness. Notwithstanding the provisions of any other law,
absent an individualized finding of special circumstances in the instant
case by the court before which the charge is pending, the prosecution
shall not be deemed ready for trial for purposes of section 30.30 of
this chapter until it has filed a proper certificate pursuant to
subdivision one of this section. A court may deem the prosecution ready
for trial pursuant to section 30.30 of this chapter where information
that might be considered discoverable under this article cannot be
disclosed because it has been lost, destroyed, or otherwise unavailable
as provided by paragraph (b) of subdivision one of section 245.80 of
this article, despite diligent and good faith efforts, reasonable under
the circumstances. Provided, however, that the court may grant a remedy
or sanction for a discovery violation as provided by section 245.80 of
this article.

4. (a) Challenges to, or questions related to a certificate of
compliance shall be addressed by motion.

(b) To the extent that the party is aware of a potential defect or
deficiency related to a certificate of compliance or supplemental
certificate of compliance, the party entitled to disclosure shall notify
or alert the opposing party as soon as practicable.

(c) Challenges related to the sufficiency of a certificate of
compliance or supplemental certificates of compliance shall be addressed
by motion as soon as practicable, provided that nothing in this section
shall be construed to waive a party's right to make further challenges,
including but not limited to a motion pursuant to section 30.30 of this
chapter.