Discovery pro manual
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The working group received comment from the Office of the Attorney General, the Attorney General's Advisory Committee, the Criminal Chiefs Working Group, the Appellate Chiefs Working Group, the Professional Responsibility Advisory Office, and the Office of Professional Responsibility. The guidance was developed at my request by a working group of experienced attorneys with expertise regarding criminal discovery issues that included attorneys from the Office of the Deputy Attorney General, the United States Attorneys' Offices, the Criminal Division, and the National Security Division. It provides prospective guidance only and is not intended to have the force of law or to create or confer any rights, privileges, or benefits. The guidance is subject to legal precedent, court orders, and local rules. The guidance is intended to establish a methodical approach to consideration of discovery obligations that prosecutors should follow in every case to avoid lapses that can result in consequences adverse to the Department's pursuit of justice. Toward that end, the Department has adopted the guidance for prosecutors regarding criminal discovery set forth below.
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In addition, it is important for prosecutors to consider thoroughly how to meet their discovery obligations in each case. In order to meet discovery obligations in a given case, Federal prosecutors must be familiar with these authorities and with the judicial interpretations and local rules that discuss or address the application of these authorities to particular facts.
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#Discovery pro manual manual#
In addition, the United States Attorney's Manual describes the Department's policy for disclosure of exculpatory and impeachment information. The discovery obligations of federal prosecutors are generally established by Federal Rules of Criminal Procedure 16 and 26.2, 18 U.S.C. SUBJECT: Guidance for Prosecutors Regarding Criminal Discovery