Rule 16. Discovery and Inspection

(a) GOVERNMENT’S DISCLOSURE.

(1) Information Subject to Disclosure.

(A) Defendant’s Oral Statement. 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.

(B) Defendant’s Written or Recorded Statement. Upon a defendant’s request, the

government must disclose to the defendant, and make available for inspection, copying,

or photographing, all of the following:

(i) 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;

(ii) 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

(iii) the defendant’s recorded testimony before a grand jury relating to the charged

offense.

(C) Organizational Defendant. Upon a defendant’s request, if the defendant is an

organization, the government must disclose to the defendant any statement described

in Rule 16(a)(1)(A) and (B) if the government contends that the person making the

statement:

efendant knew was a government agent; and

(iii) the defendant’s recorded testimony before a grand jury relating to the charged

offense.

(C) Organizational Defendant. Upon a defendant’s request, if the defendant is an

organization, the government must disclose to the defendant any statement described

in Rule 16(a)(1)(A) and (B) if the government contends that the person making the

statement:

(i) 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

(ii) 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.

(D) Defendant’s Prior 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.

(E) 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:

(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.

(F) Reports of Examinations and 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:

ense;

(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.

(F) Reports of Examinations and 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:

(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.

(G) Expert Witnesses.

(i) Duty to Disclose. At the defendant’s request, the government must disclose to

the defendant, in writing, the information required by Rule16(a)(1)(G)(iii) for any expert

testimony that the government intends to use during its case-in-chief at trial or during its

rebuttal to counter testimony that the defendant has timely disclosed under Rule

16(b)(1)(C). If the government requests discovery under Rule 16(b)(1)(C)(i) and the

defendant complies, the government must, at the defendant’s request, disclose to the

defendant, in writing, the information required by Rule16(a)(1)(G)(iii) for expert

testimony that the government intends to use as evidence at trial on the issue of the

defendant’s mental condition.

(ii) Time to Disclose. The court must set a time for the government to make its

disclosures. The time must be sufficiently before trial to provide a fair opportunity for the

defendant to meet the government’s evidence.

the information required by Rule16(a)(1)(G)(iii) for expert

testimony that the government intends to use as evidence at trial on the issue of the

defendant’s mental condition.

(ii) Time to Disclose. The court must set a time for the government to make its

disclosures. The time must be sufficiently before trial to provide a fair opportunity for the

defendant to meet the government’s evidence.

(iii) Contents of the Disclosure. The disclosure for each expert witness must

contain:

● a complete statement of all opinions that the government will elicit from the

witness in its case-in-chief, or during its rebuttal to counter testimony that the defendant

has timely disclosed under Rule 16(b)(1)(C);

● the bases and reasons for them;

● the witness’s qualifications, including a list of all publications authored in the

previous 10 years; and

● a list of all other cases in which, during the previous 4 years, the witness has

testified as an expert at trial or by deposition.

(iv) Information Previously Disclosed. If the government previously provided a

report under Rule 16(a)(1)(F) that contained information required by Rule16(a)(1)(G)(iii),

that information may be referred to, rather than repeated, in the expert-witness

disclosure.

(v) Signing the Disclosure. The witness must approve and sign the disclosure,

unless the government:

● states in the disclosure why it could not obtain the witness’s signature through

reasonable efforts; or

● has previously provided under Rule 16(a)(1)(F) a report, signed by the witness,

that contains all the opinions and the bases and reasons for them required by Rule

16(a)(1)(G)(iii).

(vi) Supplementing and Correcting a Disclosure. The government must

supplement or correct its disclosures in accordance with Rule 16(c).

t could not obtain the witness’s signature through

reasonable efforts; or

● has previously provided under Rule 16(a)(1)(F) a report, signed by the witness,

that contains all the opinions and the bases and reasons for them required by Rule

16(a)(1)(G)(iii).

(vi) Supplementing and Correcting a Disclosure. The government must

supplement or correct its disclosures in accordance with Rule 16(c).

(2) Information Not Subject to Disclosure. Except as permitted by Rule 16(a)(1)(A)-

(D), (F), and (G), this rule does 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 does this rule authorize the discovery or inspection of statements made

by prospective government witnesses except as provided in 18 U.S.C. § 3500.

(3) Grand Jury Transcripts. This rule does not apply to the discovery or inspection of a

grand jury’s recorded proceedings, except as provided in Rules 6, 12(f), 16(a)(1), and

26.2.

(b) DEFENDANT’S DISCLOSURE.

(1) Information Subject to Disclosure.

(A) Documents and Objects. If a defendant requests disclosure under Rule

16(a)(1)(E) and the government complies, then the defendant must permit the

government, upon request, 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:

(i) the item is within the defendant’s possession, custody, or control; and

(ii) the defendant intends to use the item in the defendant’s case-in-chief at trial.

(B) Reports of Examinations and Tests. If a defendant requests disclosure under

Rule 16(a)(1)(F) and the government complies, the defendant must permit the

government, upon request, 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:

ant intends to use the item in the defendant’s case-in-chief at trial.

(B) Reports of Examinations and Tests. If a defendant requests disclosure under

Rule 16(a)(1)(F) and the government complies, the defendant must permit the

government, upon request, 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 defendant’s possession, custody, or control; and

(ii) the defendant intends to use the item in the defendant’s case-in-chief at trial, or

intends to call the witness who prepared the report and the report relates to the

witness’s testimony.

(C) Expert Witnesses.

(i) Duty to Disclose. At the government’s request, the defendant must disclose to

the government, in writing, the information required by Rule 16(b)(1)(C)(iii) for any

expert testimony that the defendant intends to use as evidence during the defendant’s

case-in-chief at trial, if—

• the defendant requests disclosure under Rule 16(a)(1)(G) and the government

complies; or

• the defendant has given notice under Rule 12.2(b) of an intent to present

expert testimony on the defendant’s mental condition.

(ii) Time to Disclose. The court must set a time for the defendant to make the

defendant’s disclosures. The time must be sufficiently before trial to provide a fair

opportunity for the government to meet the defendant’s evidence.

(iii) Contents of the Disclosure. The disclosure for each expert witness must

contain:

● a complete statement of all opinions that the defendant will elicit from the

witness in its case-in-chief;

● the bases and reasons for them;

● the witness’s qualifications, including a list of all publications authored in the

previous 10 years; and

● a list of all other cases in which, during the previous 4 years, the witness has

testified as an expert at trial or by deposition.

contain:

● a complete statement of all opinions that the defendant will elicit from the

witness in its case-in-chief;

● the bases and reasons for them;

● the witness’s qualifications, including a list of all publications authored in the

previous 10 years; and

● a list of all other cases in which, during the previous 4 years, the witness has

testified as an expert at trial or by deposition.

(iv) Information Previously Disclosed. If the defendant previously provided a report

under Rule 16(b)(1)(B) that contained information required by Rule 16(b)(1)(C)(iii), that

information may be referred to, rather than repeated, in the expert-witness disclosure.

(v) Signing the Disclosure. The witness must approve and sign the disclosure,

unless the defendant:

● states in the disclosure why it could not obtain the witness’s signature

through reasonable efforts; or

● has previously provided under Rule 16(b)(1)(B) a report, signed by the

witness, that contains all the opinions and the bases and reasons for them required by

Rule 16(b)(1)(C)(iii).

(vi) Supplementing and Correcting a Disclosure. The defendant must supplement

or correct its disclosures in accordance with Rule 16(c).

(2) Information Not Subject to Disclosure. Except for scientific or medical reports, Rule

16(b)(1) does not authorize discovery or inspection of:

(A) reports, memoranda, or other documents made by the defendant, or the

defendant’s attorney or agent, during the case’s investigation or defense; or

(B) a statement made to the defendant, or the defendant’s attorney or agent, by:

(i) the defendant;

(ii) a government or defense witness; or

(iii) a prospective government or defense witness.

(1) does not authorize discovery or inspection of:

(A) reports, memoranda, or other documents made by the defendant, or the

defendant’s attorney or agent, during the case’s investigation or defense; or

(B) a statement made to the defendant, or the defendant’s attorney or agent, by:

(i) the defendant;

(ii) a government or defense witness; or

(iii) a prospective government or defense witness.

(c) 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 this rule; and

(2) the other party previously requested, or the court ordered its production.

(d) REGULATING DISCOVERY.

(1) Protective and Modifying Orders. At any time the court may, for good cause, deny,

restrict, or defer discovery or inspection, or grant other appropriate relief. The court may

permit a party to show good cause by a written statement that the court will inspect ex

parte. If relief is granted, the court must preserve the entire text of the party’s statement

under seal.

(2) Failure to Comply. If a party fails to comply with this rule, the court may:

(A) order that party to permit the discovery or inspection; specify its time, place, and

manner; and prescribe other just terms and conditions;

(B) grant a continuance;

(C) prohibit that party from introducing the undisclosed evidence; or

(D) enter any other order that is just under the circumstances.

der seal.

(2) Failure to Comply. If a party fails to comply with this rule, the court may:

(A) order that party to permit the discovery or inspection; specify its time, place, and

manner; and prescribe other just terms and conditions;

(B) grant a continuance;

(C) prohibit that party from introducing the undisclosed evidence; or

(D) enter any other order that is just under the circumstances.

(e) DETAINED DEFENDANTS. In the case of a defendant who is detained pursuant to

D.C. Code §§ 23-1322 (b) or -1329 (b) (2017 Supp.), a request for discovery under this

rule may be made after 30 days following the initial order of detention or at any time

after the detention hearing pursuant to D.C. Code § 23-1322 (d) (2017 Supp.),

whichever is later.

COMMENT TO 2024 AMENDMENTS

Subsection (b)(1)(C)(v) has been amended to incorporate the 2023 amendments to

Federal Rule of Criminal Procedure 16 which corrected the reference in subsection

(b)(1)(C)(v) to expert reports previously provided by the defense under subsection

(b)(1)(B).

Subsections (a)(1)(G) and (b)(1)(C) of this rule have been amended to incorporate

the 2022 amendments to Federal Rule of Criminal Procedure 16 regarding the parties’

obligations to disclose information about expert testimony.

COMMENT TO 2017 AMENDMENTS

This rule incorporates the 2013 amendment to Federal Rule of Criminal Procedure

16(a)(2), which clarifies that the 2002 restyling did not change the government work

product protection.

COMMENT TO 2016 AMENDMENTS

This rule has been redrafted to conform to the general restyling of the federal rules in

2002. It is identical to the federal rule in all but three respects.

First, it omits references to the Federal Rules of Evidence found in subparagraphs

f Criminal Procedure

16(a)(2), which clarifies that the 2002 restyling did not change the government work

product protection.

COMMENT TO 2016 AMENDMENTS

This rule has been redrafted to conform to the general restyling of the federal rules in

2002. It is identical to the federal rule in all but three respects.

First, it omits references to the Federal Rules of Evidence found in subparagraphs

(a)(1)(G) and (b)(1)(C) of the federal rule, concerning expert witnesses. Second, those

two subparagraphs refer to the parties’ duties to disclose summaries of “expert

testimony” to make clear those provisions reach only expert testimony. Finally, this rule

retains a final paragraph (e) (formerly (f)), not found in the federal rule, concerning pre-

indictment discovery in cases where the defendant is detained.

Consistent with the federal rule, former paragraph (e), which addressed the topic of

notice of alibi witnesses, has been deleted as duplicative of Rule 12.1.