{"id":4799,"date":"2017-08-12T00:49:55","date_gmt":"2017-08-12T00:49:55","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=4799"},"modified":"2017-11-03T19:05:04","modified_gmt":"2017-11-03T19:05:04","slug":"rule-16-discovery-and-inspection","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=4799","title":{"rendered":"Rule 16. Discovery and Inspection"},"content":{"rendered":"

(a) Government\u2019s Disclosure<\/strong>.<\/span><\/p>\n

(1) Information Subject to Disclosure<\/em>.<\/span><\/p>\n

(A) Defendant\u2019s Oral Statement. Upon a defendant\u2019s request, the government must disclose to the defendant the substance of any relevant oral statement made by the defendant, before or after arrest, in response to interrogation by a person the defendant knew was a government agent if the government intends to use the statement at trial.<\/span><\/p>\n

(B) Defendant\u2019s Written or Recorded Statement. Upon a defendant\u2019s request, the government must disclose to the defendant, and make available for inspection, copying, or photographing, all of the following:<\/span><\/p>\n

(i) any relevant written or recorded statement by the defendant if:<\/span><\/p>\n

\u00b7 the statement is within the government\u2019s possession, custody, or control; and<\/span><\/p>\n

\u00b7 the attorney for the government knows-or through due diligence could know-that the statement exists;<\/span><\/p>\n

(ii) the portion of any written record containing the substance of any relevant oral statement made before or after arrest if the defendant made the statement in response to interrogation by a person the defendant knew was a government agent; and<\/span><\/p>\n

(iii) the defendant\u2019s recorded testimony before a grand jury relating to the charged offense.<\/span><\/p>\n

(C) Organizational Defendant. Upon a defendant\u2019s request, if the defendant is an organization, the government must disclose to the defendant any statement described in Rule 16(a)(1)(A) and (B) if the government contends that the person making the statement:<\/span><\/p>\n

(i) was legally able to bind the defendant regarding the subject of the statement because of that person\u2019s position as the defendant\u2019s director, officer, employee, or agent; or<\/span><\/p>\n

(ii) was personally involved in the alleged conduct constituting the offense and was legally able to bind the defendant regarding that conduct because of that person\u2019s position as the defendant\u2019s director, officer, employee, or agent.<\/span><\/p>\n

(D) Defendant\u2019s Prior Record. Upon a defendant\u2019s request, the government must furnish the defendant with a copy of the defendant\u2019s prior criminal record that is within the government\u2019s possession, custody, or control if the attorney for the government knows-or through due diligence could know-that the record exists.<\/span><\/p>\n

(E) Documents and Objects. Upon a defendant\u2019s request, the government must permit the defendant to inspect and to copy or photograph books, papers, documents, data, photographs, tangible objects, buildings or places, or copies or portions of any of these items, if the item is within the government\u2019s possession, custody, or control and:<\/span><\/p>\n

(i) the item is material to preparing the defense;<\/span><\/p>\n

(ii) the government intends to use the item in its case-in-chief at trial; or<\/span><\/p>\n

(iii) the item was obtained from or belongs to the defendant.<\/span><\/p>\n

(F) Reports of Examinations and Tests. Upon a defendant\u2019s request, the government must permit a defendant to inspect and to copy or photograph the results or reports of any physical or mental examination and of any scientific test or experiment if:<\/span><\/p>\n

(i) the item is within the government\u2019s possession, custody, or control;<\/span><\/p>\n

(ii) the attorney for the government knows-or through due diligence could know-that the item exists; and<\/span><\/p>\n

(iii) the item is material to preparing the defense or the government intends to use the item in its case-in-chief at trial.<\/span><\/p>\n

(G) Expert Witnesses. At the defendant\u2019s request, the government must give to the defendant a written summary of any testimony that the government intends to use under Rules 702, 703, or 705 of the Federal Rules of Evidence during its case-in-chief at trial. If the government requests discovery under subdivision (b)(1)(C)(ii) and the defendant complies, the government must, at the defendant\u2019s request, give to the defendant a written summary of testimony that the government intends to use under Rules 702, 703, or 705 of the Federal Rules of Evidence as evidence at trial on the issue of the defendant\u2019s mental condition. The summary provided under this subparagraph must describe the witness\u2019s opinions, the bases and reasons for those opinions, and the witness\u2019s qualifications.<\/span><\/p>\n

(2) Information Not Subject to Disclosure<\/em>. Except as permitted by Rule 16(a)(1)(A)-(D), (F), and (G), this rule does not authorize the discovery or inspection of reports, memoranda, or other internal government documents made by an attorney for the government or other government agent in connection with investigating or prosecuting the case. Nor does this rule authorize the discovery or inspection of statements made by prospective government witnesses except as provided in 18 U.S.C. \u00a7 3500.<\/span><\/p>\n

(3) Grand Jury Transcripts<\/em>. This rule does not apply to the discovery or inspection of a grand jury\u2019s recorded proceedings, except as provided in Rules 6, 12(h), 16(a)(1), and 26.2.<\/span><\/p>\n

(b) Defendant\u2019s Disclosure<\/strong>.<\/span><\/p>\n

(1) Information Subject to Disclosure<\/em>.<\/span><\/p>\n

(A) Documents and Objects. If a defendant requests disclosure under Rule 16(a)(1)(E) and the government complies, then the defendant must permit the government, upon request, to inspect and to copy or photograph books, papers, documents, data, photographs, tangible objects, buildings or places, or copies or portions of any of these items if:<\/span><\/p>\n

(i) the item is within the defendant\u2019s possession, custody, or control; and<\/span><\/p>\n

(ii) the defendant intends to use the item in the defendant\u2019s case-in-chief at trial.<\/span><\/p>\n

(B) Reports of Examinations and Tests. If a defendant requests disclosure under Rule 16(a)(1)(F) and the government complies, the defendant must permit the government, upon request, to inspect and to copy or photograph the results or reports of any physical or mental examination and of any scientific test or experiment if:<\/span><\/p>\n

(i) the item is within the defendant\u2019s possession, custody, or control; and<\/span><\/p>\n

(ii) the defendant intends to use the item in the defendant\u2019s case-in-chief at trial, or intends to call the witness who prepared the report and the report relates to the witness\u2019s testimony.<\/span><\/p>\n

(C) Expert Witnesses. The defendant must, at the government\u2019s request, give to the government a written summary of any testimony that the defendant intends to use under Rules 702, 703, or 705 of the Federal Rules of Evidence as evidence at trial, if-<\/span><\/p>\n

(i) the defendant requests disclosure under subdivision (a)(1)(G) and the government complies; or<\/span><\/p>\n

(ii) the defendant has given notice under Rule 12.2(b) of an intent to present expert testimony on the defendant\u2019s mental condition. This summary must describe the witness\u2019s opinions, the bases and reasons for those opinions, and the witness\u2019s qualifications[.]<\/span><\/p>\n

(2) Information Not Subject to Disclosure<\/em>. Except for scientific or medical reports, Rule 16(b)(1) does not authorize discovery or inspection of:<\/span><\/p>\n

(A) reports, memoranda, or other documents made by the defendant, or the defendant\u2019s attorney or agent, during the case\u2019s investigation or defense; or<\/span><\/p>\n

(B) a statement made to the defendant, or the defendant\u2019s attorney or agent, by:<\/span><\/p>\n

(i) the defendant;<\/span><\/p>\n

(ii) a government or defense witness; or<\/span><\/p>\n

(iii) a prospective government or defense witness.<\/span><\/p>\n

(c) Continuing Duty to Disclose<\/strong>. A party who discovers additional evidence or material before or during trial must promptly disclose its existence to the other party or the court if:<\/span><\/p>\n

(1) the evidence or material is subject to discovery or inspection under this rule; and<\/span><\/p>\n

(2) the other party previously requested, or the court ordered, its production.<\/span><\/p>\n

(d) Regulating Discovery<\/strong>.<\/span><\/p>\n

(1) Protective and Modifying Orders<\/em>. At any time the court may, for good cause, deny, restrict, or defer discovery or inspection, or grant other appropriate relief. The court may permit a party to show good cause by a written statement that the court will inspect ex parte. If relief is granted, the court must preserve the entire text of the party\u2019s statement under seal.<\/span><\/p>\n

(2) Failure to Comply<\/em>. If a party fails to comply with this rule, the court may:<\/span><\/p>\n

(A) order that party to permit the discovery or inspection; specify its time, place, and manner; and prescribe other just terms and conditions;<\/span><\/p>\n

(B) grant a continuance;<\/span><\/p>\n

(C) prohibit that party from introducing the undisclosed evidence; or<\/span><\/p>\n

(D) enter any other order that is just under the circumstances.<\/span><\/p>\n","protected":false},"excerpt":{"rendered":"

(a) Government\u2019s Disclosure. (1) Information Subject to Disclosure. (A) Defendant\u2019s Oral Statement. Upon a defendant\u2019s request, the government must disclose to the defendant the substance of any relevant oral statement made by the defendant, before or after arrest, in response to interrogation by a person the defendant knew was a government agent if the government … Continue reading Rule 16. Discovery and Inspection<\/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-4799","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/pages\/4799","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=4799"}],"version-history":[{"count":2,"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/pages\/4799\/revisions"}],"predecessor-version":[{"id":6473,"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/pages\/4799\/revisions\/6473"}],"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=4799"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}