(a) General Rule. All contemporaneous notes, memoranda, statements, reports, surveillance
logs, recordings, and other documents (regardless of the medium in which they are stored)
memorializing matters relevant to the charges contained in the indictment made by or in
the custody of any law enforcement officer whose agency at the time was formally
participating in an investigation intended, in whole or in part, to result in a federal
indictment shall be preserved until the entry of judgment unless otherwise ordered by the
court.
(b) Rough Drafts. These rules do not require the preservation of rough drafts of reports after
a subsequent draft of final report is prepared.
(c) Established Retention Procedures. These rules do not require modification of a
government agency’s established procedure for the retention and disposal of documents
when the agency does not reasonably anticipate a criminal prosecution.
Adopted September 8, 1998; effective December 1, 1998; amended effective February 1, 2012.
