---
title: "List discovery categories that are not yet in the file"
url: "https://ailawframework.com/practice/criminal-law/prepare-a-missing-brief-and-exhibit-request-list/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A20-P20260916-1-US"
practice_area: "Criminal Law"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# List discovery categories that are not yet in the file

> List each category the lawyer names and mark whether a document in the file answers it. Do not write the request.

Canonical page: https://ailawframework.com/practice/criminal-law/prepare-a-missing-brief-and-exhibit-request-list/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 lawyer names and mark whether a document in the file answers it. Do not write the request. |
| What the lawyer must review | You write the request. Rule 16(a)(1)(D), upon the defendant's request, requires the government to furnish the defendant's prior criminal record in its possession if the prosecutor knows or could know that it exists. Rule 16(a)(1)(E), upon request, requires production of documents and objects in the government's possession, custody, or control that are material to preparing the defense, that the government intends to use in its case-in-chief, or that were obtained from or belong to the defendant. Brady v. Maryland holds that suppression, upon request, of favorable evidence material to guilt or to punishment violates due process. A gap in the file is not, by itself, a failure of either duty. You decide what to request. Model Rule 1.6 applies before the list, which identifies the case, goes into a tool. |
| Written for | United States |
| Applies to | [Prepare a missing-brief and exhibit request list](https://ailawframework.com/practice/criminal-law/prepare-a-missing-brief-and-exhibit-request-list.md) |

## Checking plan

- What the AI does: List each category the lawyer names and mark whether a document in the file answers it. Do not write the request.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- Do not treat a missing file copy as proof the government has the item.
- State discovery uses the state rule. Rule 16 is the federal rule.

## 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 1.6, Confidentiality of Information](https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_1_6_confidentiality_of_information/) (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. |
| [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.*