The Government’s Disclosure Requirements in the District of NH

In federal criminal cases, the Government’s discovery obligations are generally dictated by the Jenks Act, the Federal Rules of Criminal Procedure 16 and 26.2 (to include LCrR 16.1), and the constitutionally mandated disclosure requirements related to impeachment and exculpatory evidence established in Brady v. Maryland, Giglio v. United States, and their respective progeny. In New Hampshire, however, like many other judicial districts, federal prosecutors are subject to more expansive disclosure requirements under the Rules of Professional Conduct as well as their agency’s discovery policies.

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