18 USC Appendix Rule 16 - Discovery and Inspection
(a) Governments Disclosure.
(1) Information Subject to Disclosure.
(A) Defendants Oral Statement. Upon a defendants 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.
(B) Defendants Written or Recorded Statement. Upon a defendants request, the government must disclose to the defendant, and make available for inspection, copying, or photographing, all of the following:
(i) any relevant written or recorded statement by the defendant if: statement is within the governments possession, custody, or control; and the attorney for the government knowsor through due diligence could knowthat the statement exists;
(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
(iii) the defendants recorded testimony before a grand jury relating to the charged offense.
(C) Organizational Defendant. Upon a defendants 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:
(i) was legally able to bind the defendant regarding the subject of the statement because of that persons position as the defendants director, officer, employee, or agent; or
(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 persons position as the defendants director, officer, employee, or agent.
(D) Defendants Prior Record. Upon a defendants request, the government must furnish the defendant with a copy of the defendants prior criminal record that is within the governments possession, custody, or control if the attorney for the government knowsor through due diligence could knowthat the record exists.
(E) Documents and Objects. Upon a defendants 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 governments possession, custody, or control and:
(i) the item is material to preparing the defense;
(ii) the government intends to use the item in its case-in-chief at trial; or
(iii) the item was obtained from or belongs to the defendant.
(F) Reports of Examinations and Tests. Upon a defendants 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:
(i) the item is within the governments possession, custody, or control;
(ii) the attorney for the government knowsor through due diligence could knowthat the item exists; and
(iii) the item is material to preparing the defense or the government intends to use the item in its case-in-chief at trial.
(G) Expert Witnesses. At the defendants 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 defendants 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 defendants mental condition. The summary provided under this subparagraph must describe the witnesss opinions, the bases and reasons for those opinions, and the witnesss qualifications.
(2) Information Not Subject to Disclosure. Except as Rule 16 (a)(1) provides otherwise, 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. 3500.
(b) Defendants Disclosure.
(1) Information Subject to Disclosure.
(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:
(i) the item is within the defendants possession, custody, or control; and
(ii) the defendant intends to use the item in the defendants case-in-chief at trial.
(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:
(i) the item is within the defendants possession, custody, or control; and
(ii) the defendant intends to use the item in the defendants case-in-chief at trial, or intends to call the witness who prepared the report and the report relates to the witnesss testimony.
(C) Expert Witnesses. The defendant must, at the governments 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
(i) the defendant requests disclosure under subdivision (a)(1)(G) and the government complies; or
(ii) the defendant has given notice under Rule 12.2(b) of an intent to present expert testimony on the defendants mental condition. This summary must describe the witnesss opinions, the bases and reasons for those opinions, and the witnesss qualifications[.]
(2) Information Not Subject to Disclosure. Except for scientific or medical reports, Rule 16 (b)(1) does not authorize discovery or inspection of:
(A) reports, memoranda, or other documents made by the defendant, or the defendants attorney or agent, during the cases investigation or defense; or
(B) a statement made to the defendant, or the defendants attorney or agent, by:
(i) the defendant;
(ii) a government or defense witness; or
(iii) a prospective government or defense witness.
(c) Continuing Duty to Disclose. 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:
(1) the evidence or material is subject to discovery or inspection under this rule; and
(2) the other party previously requested, or the court ordered, its production.
(d) Regulating Discovery.
(1) Protective and Modifying Orders. 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 partys statement under seal.
(2) Failure to Comply. If a party fails to comply with this rule, the court may:
(A) order that party to permit the discovery or inspection; specify its time, place, and manner; and prescribe other just terms and conditions;
(B) grant a continuance;
(C) prohibit that party from introducing the undisclosed evidence; or
(D) enter any other order that is just under the circumstances.