Coming Changes to Federal Criminal Discovery Rule?

April 4, 2017  |  New York Law Journal

After years of expressing frustration with the barriers to trial preparation in complex criminal cases, the organized defense bar has again called for revisions to Rule 16 of the Federal Rules of Criminal Procedure. Buoyed by a recognition among the judiciary that current practices must come to terms with the proliferation of electronically stored information, and by the Department of Justice's acceptance of the principle that amending the Rule would be useful, an amendment now appears likely. In this article, we highlight issues with the current Rule 16, review the proposals for amendment under consideration, and discuss their potential impact on trial preparation in complex white-collar cases.

Coming Changes to Federal Criminal Discovery Rule? (pdf | 331.33 KB)