---
title: "Compare a disclosure list with the federal criminal discovery categories"
url: "https://ailawframework.com/practice/criminal-law/check-a-prosecution-disclosure-certificate-against-the-brief/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A20-WR20261022-1-US"
practice_area: "Criminal Law"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Compare a disclosure list with the federal criminal discovery categories

> 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.

Canonical page: https://ailawframework.com/practice/criminal-law/check-a-prosecution-disclosure-certificate-against-the-brief/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 | 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 | United States |
| Applies to | [Check a prosecution disclosure certificate against the brief](https://ailawframework.com/practice/criminal-law/check-a-prosecution-disclosure-certificate-against-the-brief.md) |

## Checking plan

- What the AI does: 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.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- Do not treat Brady as satisfied because a certificate was served.
- Rule 16(b), the defense disclosure, was not used as the prosecution list.

## 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)

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