Also known as: Fed. R. Crim. P. 16 · FRCrP 16 · Rule 16 · criminal discovery rule
Written by attorneys · grounded in primary & secondary sources — see below
A federal rule that governs pretrial discovery in criminal cases by requiring the government to disclose specified materials to the defendant and providing for limited reciprocal discovery from the defense.
Pacific Exporters sued BlueWave Shipping in federal court over lost cargo. The court set a June 30 scheduling conference. The parties waited until June 27 for a brief call that skipped key discovery issues. The court ordered them to hold a proper conference immediately because they had missed the required timing.
The government charged Fabian Flynn with fraud. Fourteen days after arraignment, the prosecutor and defense counsel met to set a timetable for exchanging witness statements and expert reports under the discovery rule. They agreed on staggered production dates to allow adequate preparation time before trial.
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Defendants moved for discovery of prosecution files to support a selective prosecution claim. The court denied the request because the defendants failed to make the required threshold showing of different treatment for similarly situated persons.
Former employees sued their union for failing to process grievances. The court held that the complaint gave fair notice of the claim and that discovery would allow the plaintiffs to develop supporting facts through document requests.
Plaintiffs sought production of defense counsel's interview memoranda. The court ruled that the memoranda constituted protected work product and refused to order disclosure absent a showing of substantial need and undue hardship.
After the defense called an investigator to testify, the prosecution sought production of the investigator's report. The court ordered limited disclosure of the report because the Fifth Amendment privilege did not protect statements of third-party witnesses.
The government must disclose the defendant's statements, prior criminal record, documents and objects it intends to use at trial, and reports of examinations or tests. The rule also requires disclosure of expert witness information.
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No later than fourteen days after arraignment the prosecutor and defense counsel must meet to agree on a timetable and procedures for pretrial disclosure under the rule.
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Yes. The rule provides a limited reciprocal discovery obligation that requires the defense to disclose similar categories of materials when it requests discovery from the government.
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…preparation for trial. The various instruments of discovery now serve (1) as a device, along with the pre-trial hearing under Rule 16, to narrow and clarify the basic issues between the parties, and (2) as a device for ascertaining the facts, or information as to the existence or whereabouts of facts, relative to those…