It is not necessary that a witness physically write or record the statement in order to qualify as a statement. 18 U.S.C. § 3500(e)(1).United States v. Hodgkiss, 116 F.3d 116 (5th Cir. 1997)Law enforcement agents interviewed various co-defendants during the course of the investigation and kept debriefing notes.

This includes evidence that might prove the defendant's innocence or reduce his or her sentence, as well as evidence that impeaches or discredits the government's case.Giglio v. United States, 405 U.S. 150 (1972), provides that the government must disclose information relating to any deals that witnesses have received in exchange for their cooperation. The Jencks Act, 18 U.S.C. § 3500, requires the government to produce written statements and reports of its witnesses. This law only requires the production of Jencks material after the witness has testified, although the government frequently delivers the materials pre-trial in the interest of efficiency.Rule 45 – Subpoenas to third parties, which may command attendance at a deposition or command a party to produce or permit inspection of documents, electronically stored information, or tangible things.Rule 17 – Does not provide the defendant with a broad-reaching subpoena power.

(The court notes that invocation of Jencks ought to be rare and is subject to an internal agreement that the local U.S. Attorney or Criminal Chief must approve any invocation of Jencks.) The Order specifies that Brady and Giglio trump Jencks and, if information qualifies as Brady/Giglio and Jencks, it must be provided in the normal course of discovery--not held back under Jencks.Witness statements (see 18 USC 3500 for the definition) must not be given to the defendant or others not affiliated with defense counsel, unless an agreement is reached between the party or there is a court order. Unless the defense has opted out of receiving discovery (and provided notice of that decision to the AUSA), reciprocal discovery must be disclosed by the defense within 14 days after the government provides discovery.ESI must be accessible, searchable, and organized.

To implicate Rule 26.2, the District’s version of the federal Jencks Act, 18 U.S.C. § 3500(b), the moving party need only establish a “reason to believe that a statutory statement may exist.” Slip op.

Using Statements of Government Witnesses to Impeach TestimonyBy: Houston Criminal Lawyer John Floyd and Paralegal Billy SinclairThere are five primary sources outlining the obligations of U.S. Attorneys to disclose either favorable or impeachment evidence: Federal Rules of Criminal Procedure,16 and 26.2, the Jencks Act [18 U.S.C. § 3500], Brady v. Maryland, and Giglio v. United States. Of these, Jencks is probably the most controversial and certainly the least useful. Jencks, named after Clinton Jencks, was a product of the “Red Scare” and McCarthyism in the 1950s.

118(b) of the Board's Rules and Regulations or so-called Jencks statements, beyond the close of the hearing. Jencks Act, 18 U.S.C. 3500 (1957). See also Jencks v. U.S., 353 U.S. 657 (1957).