(a) If at any time during the course of the proceedings the court determines that
a party has failed to comply with this Article or with an order issued pursuant to
this Article, the court in addition to exercising its contempt powers may
(1) Order the party to permit the discovery or inspection, or
(2) Grant a continuance or recess, or
(3) Prohibit the party from introducing evidence not disclosed, or
(3a) Declare a mistrial, or
(3b) Dismiss the charge, with or without prejudice, or
(4) Enter other appropriate orders.
(b) Prior to finding any sanctions appropriate, the court shall consider both the
materiality of the subject matter and the totality of the circumstances surrounding
an alleged failure to comply with this Article or an order issued pursuant to this
(c) For purposes of determining whether to impose personal sanctions for untimely
disclosure of law enforcement and investigatory agencies' files, courts and State
agencies shall presume that prosecuting attorneys and their staffs have acted in good
faith if they have made a reasonably diligent inquiry of those agencies under G.S. 15A-903(c) and disclosed the responsive materials.
(d) If the court imposes any sanction, it must make specific findings justifying the
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