How are depositions different from discovery in federal court?
(See Erie Railroad Co. v. Tompkins (1938) 304 U.S. 64.) This article will highlight significant differences between discovery and depositions in federal practice as compared to California state practice. The Federal Rules of Civil Procedure (“Rules”) govern civil pretrial and trial practice in the federal courts.
Can a failure to produce exculpatory evidence fall under the Jencks Act?
The failure of the government to produce exculpatory evidence may or may not fall within the confines of the Jencks Act. In some cases, the production of documents must be made at a time prior to that required by the Jencks Act.
How many federal prosecutors have been disbarred for misconduct?
That number did not include cases involving misconduct not officially addressed by the courts or violations handled internally. Yet only six federal prosecutors faced discipline, and none were disbarred.
What does federal law say about procedural matters?
Federal law governs “procedural” matters for cases that are in federal court, whether based on state or federal substantive law. (See Erie Railroad Co. v. Tompkins (1938) 304 U.S. 64.)
When did the Federal Rules of evidence become federal law?
The Federal Rules of Evidence became federal law on January 2, 1975, when President Ford signed the Act to Establish Rules of Evidence for Certain Courts and Proceedings, Pub. L. No. 93-595. As enacted, the Evidence Rules included amendments by Congress to the rules originally proposed by the Supreme Court.
Who is obligated to disclose evidence under the Federal Constitution?
I. THE PROSECUTOR’S FEDERAL DUE PROCESS (BRADY) DISCOVERY OBLIGATIONS1 1. What evidence is a prosecutor obligated to disclose under the federal constitution?1 A. Does the Duty to Disclose BradyEvidence Exist Regardless of Whether the Defense Requests the Evidence? 2 B.
(See Erie Railroad Co. v. Tompkins (1938) 304 U.S. 64.) This article will highlight significant differences between discovery and depositions in federal practice as compared to California state practice. The Federal Rules of Civil Procedure (“Rules”) govern civil pretrial and trial practice in the federal courts.
When do I need to disclose evidence under Rule 26?
By its terms, rule 26(a)(3) does not require disclosure of evidence to be used solely for impeachment purposes; however, disclosure of such evidence—as well as other items relating to conduct of trial—may be required by local rule or a pretrial order.