Letter · Criminal Law

Brady and Giglio discovery request (United States)

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.

Kind
Letter. A letter or email you adapt and send.
Where it applies
United States
AI use
Yellow You and the tool draft together, with you directing. You check every statement you rely on.
Law stated as at
22 October 2026
Status
Maintained. Checked on 22 October 2026 against the 4 authorities it cites, for United States.
Version
1
Source
Written for this library

When to use it

Use when defense counsel asks the prosecution for favorable and impeachment information in a US criminal case. Choose the federal or the state version before sending. Do not use it as a defense filing that states the facts of the offense.

Used for these tasks

Each task page says how far AI may help with the task and what the lawyer must review.

How AI may be used

A tool may insert the case caption, the charge as the charging document prints it, and the prosecutor's name from the appearance.

AI may

  • Fill the caption from the charging document
  • Leave the federal or state block the lawyer did not select out of the draft the lawyer is editing
  • List Rule 16 categories only in a federal draft

AI must not

  • Must not recite a factual account of the offense
  • Must not tell a state prosecutor that Justice Manual 9-5.001 binds that office
  • Must not demand witness statements that Rule 16(a)(2) excludes, beyond 18 U.S.C. 3500
  • Must not send the letter

The lawyer checks

  • The forum block matches the court
  • The Brady paragraph quotes the holding that was opened, including materiality to guilt or punishment
  • The Giglio paragraph is about information that bears on a witness's credibility, of the kind in that case
  • The lawyer has read the reciprocal-discovery warning before a federal Rule 16 request goes out

Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.

Authorities

Read the full text

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