(a) Availability of Audio and Video Recordings
(1) The government must provide at least one copy of all audio and video recordings
in its possession that are discoverable for examination and review by the defendant
parties.
(2) If a defendant requests additional copies, the government must make arrangements
to provide or to enable that defendant to make such copies at that defendant’s
expense.
(3) If in a multidefendant case any defendant is in custody, the government must insure
that an extra copy of all audio and video recordings is available for review by the
defendant(s) in custody.
(b) Composite Recordings, Preliminary Transcripts and Final Transcripts. The parties
must make arrangements promptly to provide or make available for inspection and
copying by opposing counsel all:
(1) Composite electronic surveillance or consensual interception recordings to be used
in that party’s case-in-chief at trial, once prepared.
(2) Preliminary transcripts, once prepared. A preliminary transcript may not be used at
trial or in any hearing on a pretrial motion without the prior approval of the court
based on a finding that the preliminary transcript is accurate in material respects
and it is in the interests of the administration of justice to use it.
(3) Final transcripts, once prepared.
(4) Nothing in this rule shall be construed to require a party to prepare composite
recordings, or preliminary or final transcripts, of any recording.
Adopted September 8, 1998; effective December 1, 1998; amended effective February 1, 2012.
