---
title: "Track prosecution disclosure against Rule 16 and Brady"
url: "https://ailawframework.com/practice/criminal-law/build-a-disclosure-and-unused-material-tracker/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A20-T1-R12-US"
practice_area: "Criminal Law"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Track prosecution disclosure against Rule 16 and Brady

> Log each item received, the date, the request it answers, and any item the lawyer has marked as still outstanding. Do not label an item exculpatory.

Canonical page: https://ailawframework.com/practice/criminal-law/build-a-disclosure-and-unused-material-tracker/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Criminal Law](https://ailawframework.com/practice/criminal-law.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | Log each item received, the date, the request it answers, and any item the lawyer has marked as still outstanding. Do not label an item exculpatory. |
| What the lawyer must review | Use Rule 16 for the categories that are disclosed on request in federal court, including the defendant's oral, written or recorded statements described in Rule 16(a)(1) and documents and objects under Rule 16(a)(1)(E). Use Brady for favorable evidence that is material to guilt or punishment. You decide whether a late or missing item matters, and you make the record of the request. Model Rule 3.3 continues to the end of the proceeding if you later learn that a statement you made to the court was false. |
| Written for | United States |
| Applies to | [Build a disclosure and unused-material tracker](https://ailawframework.com/practice/criminal-law/build-a-disclosure-and-unused-material-tracker.md) |

## Checking plan

- What the AI does: Log each item received, the date, the request it answers, and any item the lawyer has marked as still outstanding. Do not label an item exculpatory.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- Brady's holding, as opened, is framed as suppression upon request. Later cases on the prosecution's duty without a request were not opened for this check.
- A protective order on discovery controls whether any tool may see the material.

## Sources

- [Federal Rule of Criminal Procedure 16](https://www.law.cornell.edu/rules/frcrmp/rule_16) (checked 2026-10-22)
- [Brady v. Maryland, 373 U.S. 83 (1963)](https://www.law.cornell.edu/supremecourt/text/373/83) (checked 2026-10-22)
- [ABA Model Rule 3.3, Candor Toward the Tribunal](https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_3_3_candor_toward_the_tribunal/) (checked 2026-10-22)

## Forms and precedents for this task

| Form or precedent | Kind | AI level | Summary |
| --- | --- | --- | --- |
| [Brady and Giglio discovery request (United States)](https://ailawframework.com/precedents/criminal-law/us-brady-giglio-discovery-request.md) | Letter | Yellow | A defense letter requesting favorable and impeachment information and, in federal court, Rule 16 material, with the Justice Manual's broader policy limited to federal prosecutors. |
| [Commonwealth prosecution disclosure tracker (CDPP statement)](https://ailawframework.com/precedents/criminal-law/cth-disclosure-tracker.md) | Checklist | Yellow | Tracker for material in a Commonwealth prosecution against the CDPP Statement on Disclosure. Local statutory disclosure comes first.… |
| [Disclosure and unused-material tracker (United States)](https://ailawframework.com/precedents/criminal-law/us-disclosure-unused-material-tracker.md) | Checklist | Yellow | A log of what the defense requested under Brady, Giglio, and, in federal court, Rule 16, what arrived, and what is still outstanding. |
| [Letter to the prosecution requesting service of the brief of evidence and missing material (NSW Local Court)](https://ailawframework.com/precedents/criminal-law/request-for-brief-and-missing-material-local-court-nsw.md) | Letter | Yellow | Defence letter to the police prosecutor or ODPP after a not guilty plea in the NSW Local Court: asks for the brief on time, lists missing statements, exhibits and recordings, seeks inspection of… |
| [Letter chasing missing disclosure (United States)](https://ailawframework.com/precedents/criminal-law/us-missing-disclosure-chase-letter.md) | Letter | Yellow | A short follow-up that lists disclosure categories still empty on the tracker and asks the prosecution to answer by a date the lawyer sets. |

Signed-in accounts can read the full text of each one.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*