Page:United States Statutes at Large Volume 89.djvu/434

 89 STAT. 374

Waiver.

Discovery and inspection.

PUBLIC LAW 94-64—JULY 31, 1975 in writing the right to be present, produce him at the examination and keep him in the presence of the witness during the examination, unless, after being warned by the court that disruptive conduct will cause him to be removed from the place of the taking of the deposition, he persists in conduct which is such as to justify his being excluded from that place. A defendant not in custody shall have the r i g h t to be present at the examination upon request subject to such terms as may be fixed by the court, b u t his failure, absent good cause shown, to appear after notice and tender of expenses in accordance with subdivision (c) of this rule shall constitute a waiver of that r i g h t and of any objection to the taking and use of the deposition based upon that right.". (17) Rule 15(c) is amended to read as follows: " (c) P A Y M E N T OF EXPENSES.—Whenever a deposition is taken at the instance of the government, or whenever a deposition is taken at the instance of a defendant who is unable to bear the expenses of the taking of the deposition, the court may direct that the expense of travel and subsistence of the defendant and his attorney for attendance at the examination and the cost of the transcript of the deposition shall be paid by the government.". (18) Rule 15 (e) is amended by striking out "as defined in subdivision (g) of this rule" and inserting in lieu thereof the following: "as unavailability is defined in Rule 804(a) of the Federal Rules of Evidence". (19) Rule 1 5 (g) is deleted and subdivision (h) is redesignated as (g). (20) Rule 1 6 (a)(1)(A) is amended to read as follows: " (A) STATEMENT OF DEFENDANT.—Upon request of a defendant the government shall permit the defendant to inspect and copy or p h o to g r a p h: any relevant written or recorded statements made by the defendant, or copies thereof, within the possession, custody or control of the government, the existence of which is known, or by the exercise o f due diligence may become known, to the attorney for the government; the substance of any oral statement which the government intends to offer in evidence at the trial made by the defendant whether before or after arrest in response to interrogation by any person then known to the defendant to be a government agent; and recorded testimony of the defendant before a g r and jury which relates to the offense charged. Where the defendant is a corporation, partnership, association or labor union, the court may g r a n t the defendant, upon its motion, discovery of relevant recorded testimony of any witness before a g r and j u r y who (1) was, at the time of his testimony, so situated as an officer or employee as to have been able legally to bind the defendant in respect to conduct constituting the offense, or (2) was, at the time of the offense, personally involved in the alleged conduct constituting the offense and so situated as an officer or employee as to have been able legally to bind the defendant in respect to that alleged conduct i n which he was involved.". (21) Rule 16(a)(1)(B) is amended to read as follows: " (B) DEFENDANT'S PRIOR RECORD.—Upon request of the defend-

ant, the government shall furnish to the defendant such copy of his prior criminal record, if any, as is within the possession, custody, or control of the government, the existence of which is known, or by the exercise of due diligence may become known, to the attorney for the government.". (22) Rule 16(a)(1)(D) is amended to read as follows: " (D) REPORTS OF EXAMINATIONS AND TESTS.—Upon request of

a defendant the government shall permit the defendant to inspect

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