Utah Criminal Defense Blog

The government's obligation to provide information and documents to a defendant in a federal criminal case is governed by Rule 16 of the Federal Rules of Criminal Procedure. In general, upon a request made by a defendant or his or her counsel, the government is required to disclose statements of the defendant, the defendant's record, documents or objects, results of examinations or tests, and expert witnesses.

Statements
Upon a defendant's 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.

Upon a defendant's request, the government must disclose to the defendant, and make available for inspection, copying, or photographing, (1) any relevant written or recorded statement by the defendant if the statement is within the government's possession, custody, or control; and the attorney for the government knows -- or through due diligence could know -- that the statement exists; (2) 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 (3) the defendant's recorded testimony before a grand jury relating to the charged offense.

Upon a defendant's request, if the defendant is an organization, the government must disclose to the defendant any statement described above if the government contends that the person making the statement (1) was legally able to bind the defendant regarding the subject of the statement because of that person's position as the defendant's director, officer, employee, or agent; or (2) 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's position as the defendant's director, officer, employee, or agent.

Defendant's Record
Upon a defendant's request, the government must furnish the defendant with a copy of the defendant's prior criminal record that is within the government's possession, custody, or control if the attorney for the government knows -- or through due diligence could know -- that the record exists.

Documents and Objects
Upon a defendant's 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's possession, custody, or control and (1) the item is material to preparing the defense; (2) the government intends to use the item in its case-in-chief at trial; or (3) the item was obtained from or belongs to the defendant.

Results of Examinations or Tests
Upon a defendant's 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 (1) the item is within the government's possession, custody, or control; (2) the attorney for the government knows -- or through due diligence could know -- that the item exists; and (3) the item is material to preparing the defense or the government intends to use the item in its case-inchief at trial.

Experts
At the defendant's 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's 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's mental condition. The summary must describe the witness's opinions, the bases and reasons for those opinions, and the witness's qualifications.

Information Not Subject to Disclosure
Except as Rule 16(a)(1) of the Federal Rules of Criminal Procedure provides otherwise, the Federal Rules do 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 do the Federal Rules authorize the discovery or inspection of statements made by prospective government witnesses except as provided in 18 U.S.C. § 3500

Grand Jury Transcripts
The Federal Rules do not apply to the discovery or inspection of a grand jury's recorded proceedings, except as provided in Rules 6, 12(h), 16(a)(1) and 26.2 of the Federal Rules of Criminal Procedure.

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 the Federal Rules; and (2) the other party previously requested, or the court ordered, its production.