Fed. R. Crim. P. 26.2

(a) Motion to Produce. After a witness other than the defendant

has testified on direct examination, the court, on motion of a

party who did not call the witness, must order an attorney for the

government or the defendant and the defendant’s attorney to

produce, for the examination and use of the moving party, any

statement of the witness that is in their possession and that relates to the subject matter of the witness’s testimony.

(b) Producing the Entire Statement. If the entire statement relates to the subject matter of the witness’s testimony, the court

must order that the statement be delivered to the moving party.

(c) Producing a Redacted Statement. If the party who called the

witness claims that the statement contains information that is

privileged or does not relate to the subject matter of the witness’s

testimony, the court must inspect the statement in camera. After

excising any privileged or unrelated portions, the court must

order delivery of the redacted statement to the moving party. If

the defendant objects to an excision, the court must preserve the

entire statement with the excised portion indicated, under seal, as

part of the record.

(d) Recess to Examine a Statement. The court may recess the

proceedings to allow time for a party to examine the statement

and prepare for its use.

(e) Sanction for Failure to Produce or Deliver a Statement. If the

party who called the witness disobeys an order to produce or deliver a statement, the court must strike the witness’s testimony

from the record. If an attorney for the government disobeys the

order, the court must declare a mistrial if justice so requires.

(f) ‘‘Statement’’ Defined. As used in this rule, a witness’s ‘‘statement’’ means:

(1) a written statement that the witness makes and signs, or

otherwise adopts or approves;

(2) a substantially verbatim, contemporaneously recorded

recital of the witness’s oral statement that is contained in any

recording or any transcription of a recording; or

(3) the witness’s statement to a grand jury, however taken

or recorded, or a transcription of such a statement.

39 Rule 29 FEDERAL RULES OF CRIMINAL PROCEDURE

(g) Scope. This rule applies at trial, at a suppression hearing

under Rule 12, and to the extent specified in the following rules:

(1) Rule 5.1(h) (preliminary hearing);

(2) Rule 32(i)(2) (sentencing);

(3) Rule 32.1(e) (hearing to revoke or modify probation or supervised release);

(4) Rule 46(j) (detention hearing); and

(5) Rule 8 of the Rules Governing Proceedings under 28

U.S.C. § 2255.

(As added Apr. 30, 1979, eff. Dec. 1, 1980; amended Mar. 9, 1987, eff.

Aug. 1, 1987; Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 24, 1998, eff. Dec.

1, 1998; Apr. 29, 2002, eff. Dec. 1, 2002.)