# Super. Ct. Crim. R. 16: Rule 16. Discovery and Inspection

> District of Columbia · Court rules · In force

URL: https://www.frixlaw.com/law-library/statutes/SRULES_DC_SUPCRIM_R16

## Section

- **Citation:** Super. Ct. Crim. R. 16
- **Heading:** Rule 16. Discovery and Inspection
- **Jurisdiction:** District of Columbia
- **Kind:** Court rules
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** District of Columbia Court Rules / Criminal Division / Superior Court Rules of Criminal Procedure / Super. Ct. Crim. R. 16

## Text

(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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/SRULES_DC_SUPCRIM_R16. Check the current official text before relying on it. Not legal advice.