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.
Source:Laws 1969, c. 235, § 3, p. 869; Laws 2019, LB496, § 5.
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).