Compare a disclosure list with the federal criminal discovery categories
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- List each category the disclosure list names. Do not say the list is complete and do not add an item the list does not contain.
- What the lawyer must review
- You decide what is missing. Rule 16(a)(1)(D), upon a defendant's request, requires the government to furnish the defendant's prior criminal record that is within its possession, custody, or control if the attorney for the government knows, or through due diligence could know, that it exists. Rule 16(a)(1)(E), upon request, requires inspection of documents and objects in the government's possession, custody, or control if the item is material to preparing the defense, the government intends to use it in its case-in-chief, or it was obtained from or belongs to the defendant. Rule 16(a)(1)(F) begins the disclosure, upon request, of results or reports of physical or mental examinations and of scientific tests. You read the rest of (F) before you rely on it. Rule 16(a)(1)(G) is the written expert disclosure on the government's request timing. Brady v. Maryland holds that suppression by the prosecution, upon request, of evidence favorable to an accused violates due process where the evidence is material either to guilt or to punishment, irrespective of good faith or bad faith. Later cases were not opened. A state disclosure certificate is not Rule 16 until you confirm the rule applies. Model Rule 3.3 applies to what you tell the court about the comparison.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Consider narrowly defined preparation support after confirming the tool’s capability and permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Check the specialist’s assumptions, qualifications and limits. Obtain the relevant expert or specialist review before relying on a technical conclusion.
- Review the original source set for relevant material absent from the output, including contrary evidence, qualifications and remaining gaps.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.