Also known as: Fed. R. Crim. P. 26.2 · F.R.Crim.P. 26.2 · Jencks Act · Jencks rule · 18 U.S.C. § 3500
Written by attorneys · grounded in primary & secondary sources — see below
A rule of criminal procedure that requires production of a witness's prior statements to the opposing party after the witness testifies on direct examination. The rule applies at trial and at specified hearings including suppression hearings and detention hearings. A statement includes a written statement the witness signs or adopts, a substantially verbatim contemporaneous recording of the witness's oral statement, or grand jury testimony.
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Ravi Reddy testified on direct about instructions he gave to subordinates regarding document handling. Defense counsel moved for production of his prior written statement to prosecutors. The court ordered delivery of the entire statement because it related to the subject matter of his testimony.
Ronald Reed testified about warnings he issued concerning regulatory violations. The government produced audit reports containing both related entries and unrelated technical logs from other facilities. The court conducted an in camera inspection and ordered production of only the portions relating to Reed's testimony.
Riley Rivera testified on direct about falsified driver logs. The government refused to produce her prior interview notes after a court order. The court struck her testimony because the government failed to comply with the production requirement.
Ruby Rivera, a law enforcement officer, testified at a suppression hearing. Defense counsel moved for production of her prior statement under the rule. The court ordered production because the rule applies at suppression hearings and treats the officer as a government witness.
Rina Rahman testified about investment committee discussions. Defense counsel requested her grand jury testimony relating to the same topics. The court ordered production of the grand jury transcript because it qualified as a statement relating to her direct testimony.
Robert Rivera testified about phone calls directing falsification of records. Defense counsel sought production of contemporaneous voicemails and text screenshots he had provided to agents. The court ordered production because the recordings constituted substantially verbatim recitals of his oral statements.
After a witness other than the defendant testifies on direct examination, the opposing party may move for production of any statement in the government's possession that relates to the subject matter of the testimony. The court must order delivery of the entire statement if it relates to that subject matter.
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…setting, because defendants’ chief source of information about grand jury proceedings is governmental disclosures under the Jencks Act, 18 U. S. C. §3500, which do not occur until trial is underway. The fact that a prosecutor knows that a Rule 6 violation is unlikely to be discovered gives the Rule little enough bite. To…
…had been made to O'Connor or Mitchell. In apparent reply to a request in the motion's ninth paragraph for "[c]opies of all Jencks Act
…and do not fall within the scope of the Brady rule but are dealt with elsewhere in the Federal Rule
…of evidence. The district court also noted that the government had indicated it would “turn over at the appropriate time any Jencks Act
A statement includes a written statement the witness makes and signs or adopts, a substantially verbatim contemporaneously recorded recital of the witness's oral statement, or the witness's grand jury testimony. Draft reports the witness helped prepare may qualify if the witness adopted them.
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If the producing party claims the statement contains privileged or unrelated information, the court must inspect the statement in camera, excise the unrelated or privileged portions, and order delivery of the remainder. The excised portions must be preserved under seal if the defendant objects.
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Yes. The rule applies at suppression hearings, preliminary hearings, detention hearings, and sentencing hearings unless the court finds good cause to rule otherwise in a particular case.
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If the government disobeys a production order, the court must strike the witness's testimony. If justice so requires, the court may declare a mistrial.
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