• The Federal Rules of Criminal Procedure or FRCrPs are the regulations that govern the manner in which a federal criminal investigation and trial must be carried out in order to be considered legal and proper. Failure to comply with an FRCrP could result in a case being dismissed. FRCrP Rule 16 regulates how and what information or discovery is disclosed between the prosecutor and defense. The underlying principle of FRCrP 16 is that both sides should have equal access to all relevant information in order to best prepare their case.
  
  

Relevant Information

• FRCrP 16 only applies to information or evidence that a prosecutor possesses, has access to or should know exists, on a defendant which she plans to use in a trial against the defendant, was obtained from the defendant or is important to the preparation of the defendant's case. Similarly, FRCrP 18 to any information or evidence that a defendant intends to use in his defense.
  
  

Disclosure Process and Expert Witnesses

• Under the rule, if properly requested, either party is required to make available, provide access to or allow to be copied and relevant information are required by the rule. If one party makes a request, the either party is required to reciprocate. Information, under the rule, includes but is not limited to any oral, written or recorded statements made by the defendant under police interrogation.
  
  Information a defendant might be required to disclose include witness statements, photos and medical examinations. If either side plans to use an expert in the presentation of their case, they must inform their opponent in a timely manner, provide a summary of what the witness intends to say at trial and well as the witness' qualifications.
  
  

Ongoing Duties and Failure to Comply

• FRCrP 16 requires an ongoing duty to disclose. A party, for example, must inform their opponent if during trial they discover important evidence relevant to the case that their opponent had requested prior to the start of the trial. Moreover, the rule also sets out penalties for non-compliance. For instance, failure to disclose as required could lead a judge to exclude the party with the information from using it in court.