18 U.S.C. § 3500 : US Code - Section 3500: Demands for production of statements and reports of witnesses
Search 18 U.S.C. § 3500 : US Code - Section 3500: Demands for production of statements and reports of witnesses
(a) In any criminal prosecution brought by the United States, no
statement or report in the possession of the United States which
was made by a Government witness or prospective Government witness
(other than the defendant) shall be the subject of subpena,
discovery, or inspection until said witness has testified on direct
examination in the trial of the case.
(b) After a witness called by the United States has testified on
direct examination, the court shall, on motion of the defendant,
order the United States to produce any statement (as hereinafter
defined) of the witness in the possession of the United States
which relates to the subject matter as to which the witness has
testified. If the entire contents of any such statement relate to
the subject matter of the testimony of the witness, the court shall
order it to be delivered directly to the defendant for his
examination and use.
(c) If the United States claims that any statement ordered to be
produced under this section contains matter which does not relate
to the subject matter of the testimony of the witness, the court
shall order the United States to deliver such statement for the
inspection of the court in camera. Upon such delivery the court
shall excise the portions of such statement which do not relate to
the subject matter of the testimony of the witness. With such
material excised, the court shall then direct delivery of such
statement to the defendant for his use. If, pursuant to such
procedure, any portion of such statement is withheld from the
defendant and the defendant objects to such withholding, and the
trial is continued to an adjudication of the guilt of the
defendant, the entire text of such statement shall be preserved by
the United States and, in the event the defendant appeals, shall be
made available to the appellate court for the purpose of
determining the correctness of the ruling of the trial judge.
Whenever any statement is delivered to a defendant pursuant to this
section, the court in its discretion, upon application of said
defendant, may recess proceedings in the trial for such time as it
may determine to be reasonably required for the examination of such
statement by said defendant and his preparation for its use in the
trial.
(d) If the United States elects not to comply with an order of
the court under subsection (b) or (c) hereof to deliver to the
defendant any such statement, or such portion thereof as the court
may direct, the court shall strike from the record the testimony of
the witness, and the trial shall proceed unless the court in its
discretion shall determine that the interests of justice require
that a mistrial be declared.
(e) The term "statement", as used in subsections (b), (c), and
(d) of this section in relation to any witness called by the United
States, means -
(1) a written statement made by said witness and signed or
otherwise adopted or approved by him;
(2) a stenographic, mechanical, electrical, or other recording,
or a transcription thereof, which is a substantially verbatim
recital of an oral statement made by said witness and recorded
contemporaneously with the making of such oral statement; or
(3) a statement, however taken or recorded, or a transcription
thereof, if any, made by said witness to a grand jury.
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