{"id":4789,"date":"2017-08-12T00:41:07","date_gmt":"2017-08-12T00:41:07","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=4789"},"modified":"2017-08-12T00:41:07","modified_gmt":"2017-08-12T00:41:07","slug":"rule-12-3-notice-of-a-public-authority-defense","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=4789","title":{"rendered":"Rule 12.3. Notice of a Public-Authority Defense"},"content":{"rendered":"

(a) Notice of the Defense and Disclosure of Witnesses<\/strong>.<\/p>\n

(1) Notice in General<\/em>. If a defendant intends to assert a defense of actual or believed exercise of public authority on behalf of a law enforcement agency or federal intelligence agency at the time of the alleged offense, the defendant must so notify an attorney for the government in writing and must file a copy of the notice with the clerk within the time provided for filing a pretrial motion, or at any later time the court sets. The notice filed with the clerk must be under seal if the notice identifies a federal intelligence agency as the source of public authority.<\/p>\n

(2) Contents of Notice<\/em>. The notice must contain the following information:<\/p>\n

(A) the law enforcement agency or federal intelligence agency involved;<\/p>\n

(B) the agency member on whose behalf the defendant claims to have acted; and<\/p>\n

(C) the time during which the defendant claims to have acted with public authority.<\/p>\n

(3) Response to the Notice<\/em>. An attorney for the government must serve a written response on the defendant or the defendant\u2019s attorney within 14 days after receiving the defendant\u2019s notice, but no later than 21 days before trial. The response must admit or deny that the defendant exercised the public authority identified in the defendant\u2019s notice.<\/p>\n

(4) Disclosing Witnesses<\/em>.<\/p>\n

(A) Government\u2019s Request. An attorney for the government may request in writing that the defendant disclose the name, address, and telephone number of each witness the defendant intends to rely on to establish a public-authority defense. An attorney for the government may serve the request when the government serves its response to the defendant\u2019s notice under Rule 12.3(a)(3), or later, but must serve the request no later than 21 days before trial.<\/p>\n

(B) Defendant\u2019s Response. Within 14 days after receiving the government\u2019s request, the defendant must serve on an attorney for the government a written statement of the name, address, and telephone number of each witness.<\/p>\n

(C) Government\u2019s Reply. Within 14 days after receiving the defendant\u2019s statement, an attorney for the government must serve on the defendant or the defendant\u2019s attorney a written statement of the name of each witness \u2013 and the address and telephone number of each witness other than a victim \u2013 that the government intends to rely on to oppose the defendant\u2019s public-authority defense.<\/p>\n

(D) Victim\u2019s Address and Telephone Number. If the government intends to rely on a victim\u2019s testimony to oppose the defendant\u2019s publicauthority defense and the defendant establishes a need for the victim\u2019s address and telephone number, the court may:<\/p>\n

(i) order the government to provide the information in writing to the defendant or the defendant\u2019s attorney; or<\/p>\n

(ii) fashion a reasonable procedure that allows for preparing the defense and also protects the victim\u2019s interests.<\/p>\n

(5) Additional Time<\/em>. The court may, for good cause, allow a party additional time to comply with this rule.<\/p>\n

(b) Continuing Duty to Disclose<\/strong>.<\/p>\n

(1) In General<\/em>. Both an attorney for the government and the defendant must promptly disclose in writing to the other party the name of any additional witness \u2013 and the address, and telephone number of any additional witness other than a victim \u2013 if:<\/p>\n

(A) the disclosing party learns of the witness before or during trial; and<\/p>\n

(B) the witness should have been disclosed under Rule 12.3(a)(4) if the disclosing party had known of the witness earlier.<\/p>\n

(2) Address and Telephone Number of an Additional Victim-Witness<\/em>. The address and telephone number of an additional victimwitness must not be disclosed except as provided in Rule 12.3(a)(4)(D).<\/p>\n

(c) Failure to Comply<\/strong>. If a party fails to comply with this rule, the court may exclude the testimony of any undisclosed witness regarding the public-authority defense. This rule does not limit the defendant\u2019s right to testify.<\/p>\n

(d) Protective Procedures Unaffected<\/strong>. This rule does not limit the court\u2019s authority to issue appropriate protective orders or to order that any filings be under seal.<\/p>\n

(e) Inadmissibility of Withdrawn Intention<\/strong>. Evidence of an intention as to which notice was given under Rule 12.3(a), later withdrawn, is not, in any civil or criminal proceeding, admissible against the person who gave notice of the intention.<\/p>\n","protected":false},"excerpt":{"rendered":"

(a) Notice of the Defense and Disclosure of Witnesses. (1) Notice in General. If a defendant intends to assert a defense of actual or believed exercise of public authority on behalf of a law enforcement agency or federal intelligence agency at the time of the alleged offense, the defendant must so notify an attorney for … Continue reading Rule 12.3. Notice of a Public-Authority Defense<\/span> →<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"parent":4736,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"class_list":["post-4789","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/pages\/4789","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/reunitethestates.org\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=4789"}],"version-history":[{"count":1,"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/pages\/4789\/revisions"}],"predecessor-version":[{"id":4790,"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/pages\/4789\/revisions\/4790"}],"up":[{"embeddable":true,"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/pages\/4736"}],"wp:attachment":[{"href":"https:\/\/reunitethestates.org\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=4789"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}