Page:United States Statutes at Large Volume 89.djvu/435

 PUBLIC LAW 94-64—JULY 31, 1975

89 STAT. 3 7 5

and copy or photograph any results or reports of physical or mental examinations, and of scientific tests or experiments, or copies thereof, which are 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, and which are material to the preparation of the defense or are intended for use by the government as evidence in chief at the trial.". (23) Rule 16(a)(1)(E) is deleted. (24) Rule 16(b)(1)(A) is amended to read as follows: "(A)

DOCUMENTS AND TANGIBLE O B J E C T S. — I f the defendant

requests disclosure under subdivision (a)(1)(C) or (D) of this rule, upon compliance with such request by the government, the defendant, on request of the government, shall permit the government to inspect and copy or photograph books, papers, documents, photographs, tangible objects, or copies or portions thereof, which are within the possession, custody, or control of the defendant and which the defendant intends to introduce as evidence in chief a t the trial.". (25) Rule 1 6 (b)(1)(B) is amended to read as follows: "(B)

REPORTS o r EXAMINATIONS AND T E S T S. — I f the defendant

requests disclosure under subdivision (a)(1)(C) or (D) of this rule, upon compliance with such request by the government, the defendant, on request of the government, shall permit the government to inspect and copy or photograph any results or reports of physical or mental examinations and of scientific tests or experiments made in connection with the particular case, or copies thereof, within the possession or control of the defendant, which the defendant intends to introduce as evidence in chief a t the trial or which were prepared by a witness whom the defendant intends to call a t the trial when the results or reports relate to his testimony.". (26) Rule 16(b)(1)(C) is deleted. (27) Rule 16(c) is amended to read as follows: " (c) C O N T I N U I N G D U T Y To DISCLOSE.—If, p r i o r to or during t r i a l, a

party discovers additional evidence or material previously requested or ordered, which is subject to discovery or inspection under this rule, he shall promptly notify the other party or his attorney or the court of the existence of the additional evidence or material.". (28) Rule 1 6 (d)(1) is amended to read as follows: " (1) PROTECTIVE AND MODIFYING ORDERS.—Upon a sufficient show-

ing the court may a t any time order that the discovery or inspection be denied, restricted, or deferred, or make such other order as is appropriate. Upon motion by a party, the court may permit the party to make such showing, in whole or in part, in the form of a written statement to be inspected by the judge alone. I f the court enters an order g r a n t i n g relief following such an ex part e showing, the entire text of the party ' s statement shall be sealed and preserved in the records of the court to be made available to the appellate court in the event of an appeal.". (29) Rule 17 (f)(2) is amended to read as follows: Subpoena. " (2) PLACE.—The witness whose deposition is to be taken may be required by subpoena to attend at any place designated by the trial court, taking into account the convenience of the witness and the parties.". (30) Rule 2 0 (d) is amended to read as follows: Venue.

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