Discovery Demand, Federal Rule of Criminal Procedure 16

1. 01.

   Not undated boilerplate: the Fed. R. Crim. P. 16 text is source-linked to the rule, so you confirm it before you serve. Most Rule 16 demands miss the (a)(1)(G) expert summary and (a)(1)(F) examination/test reports, both routinely under-disclosed by AUSAs.

2. 02.

   Reply-brief framework covers government's standard 'open file' deflection, work-product objection, and (a)(2) Jencks delay.

3. 03.

   The 'material to preparing the defense' standard from Armstrong (517 U.S. 456, 462) is the lever for objects-in-custody beyond the government's case-in-chief.

• Lead controlling authorityVerbatim quote

  “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: (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.”

• Supporting authorityVerbatim quote

  “We reject this argument, because we conclude that in the context of Rule 16 'the defendant's defense' means the defendant's response to the Government's case-in-chief.”

• Supporting authorityVerbatim quote

  “At the defendant's request, the government must disclose to the defendant, in writing, the information required by (iii) for any testimony that the government intends to use at trial under Federal Rules of Evidence 702, 703, or 705 during its case-in-chief, or during its rebuttal to counter testimony that the defendant has timely disclosed under (b)(1)(C).”

• Supporting authorityVerbatim quote

  “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: (i) the item is within the government's possession, custody, or control; (ii) the attorney for the government knows—or through due diligence could know—that 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.”

Provenance: every citation above carries a source URL that was fetched and confirmed reachable when the template was authored. A citation without a working source URL does not ship. Counsel of record adapts the motion language to circuit-specific precedent and the facts of the case before filing.