§ 3500. — Demands for production of statements and reports of witnesses.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC3500]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART II--CRIMINAL PROCEDURE
CHAPTER 223--WITNESSES AND EVIDENCE
Sec. 3500. Demands for production of statements and reports of
witnesses
(a) In any criminal prosecution brought by the United States, no
statement or report in the possession of the United States which was
made by a Government witness or prospective Government witness (other
than the defendant) shall be the subject of subpena, discovery, or
inspection until said witness has testified on direct examination in the
trial of the case.
(b) After a witness called by the United States has testified on
direct examination, the court shall, on motion of the defendant, order
the United States to produce any statement (as hereinafter defined) of
the witness in the possession of the United States which relates to the
subject matter as to which the witness has testified. If the entire
contents of any such statement relate to the subject matter of the
testimony of the witness, the court shall order it to be delivered
directly to the defendant for his examination and use.
(c) If the United States claims that any statement ordered to be
produced under this section contains matter which does not relate to the
subject matter of the testimony of the witness, the court shall order
the United States to deliver such statement for the inspection of the
court in camera. Upon such delivery the court shall excise the portions
of such statement which do not relate to the subject matter of the
testimony of the witness. With such material excised, the court shall
then direct delivery of such statement to the defendant for his use. If,
pursuant to such procedure, any portion of such statement is withheld
from the defendant and the defendant objects to such withholding, and
the trial is continued to an adjudication of the guilt of the defendant,
the entire text of such statement shall be preserved by the United
States and, in the event the defendant appeals, shall be made available
to the appellate court for the purpose of determining the correctness of
the ruling of the trial judge. Whenever any statement is delivered to a
defendant pursuant to this section, the court in its discretion, upon
application of said defendant, may recess proceedings in the trial for
such time as it may determine to be reasonably required for the
examination of such statement by said defendant and his preparation for
its use in the trial.
(d) If the United States elects not to comply with an order of the
court under subsection (b) or (c) hereof to deliver to the defendant any
such statement, or such portion thereof as the court may direct, the
court shall strike from the record the testimony of the witness, and the
trial shall proceed unless the court in its discretion shall determine
that the interests of justice require that a mistrial be declared.
(e) The term ``statement'', as used in subsections (b), (c), and (d)
of this section in relation to any witness called by the United States,
means--
(1) a written statement made by said witness and signed or
otherwise adopted or approved by him;
(2) a stenographic, mechanical, electrical, or other recording,
or a transcription thereof, which is a substantially verbatim
recital of an oral statement made by said witness and recorded
contemporaneously with the making of such oral statement; or
(3) a statement, however taken or recorded, or a transcription
thereof, if any, made by said witness to a grand jury.
(Added Pub. L. 85-269, Sept. 2, 1957, 71 Stat. 595; amended Pub. L. 91-
452, title I, Sec. 102, Oct. 15, 1970, 84 Stat. 926.)
Amendments
1970--Subsec. (a). Pub. L. 91-452, Sec. 102(a), struck out ``to an
agent of the Government'' after ``(other than the defendant)''.
Subsec. (d). Pub. L. 91-452, Sec. 102(b), substituted ``subsection''
for ``paragraph''.
Subsec. (e). Pub. L. 91-452, Sec. 102(c), (d), struck out ``or''
after ``by him;'' in par. (1), struck out ``to an agent of the
Government'' after ``said witness'' in par. (2), and added par. (3).
Section Referred to in Other Sections
This section is referred to in title 26 section 6103.
