Jencks Act (18 U.S.C. § 3500)
Governs disclosure of prior statements of government witnesses in federal criminal cases. Enacted 1957 in response to Jencks v. United States (1957).
Core Rule
After a government witness testifies on direct examination at trial, the defendant is entitled to receive any prior statement of that witness in the government’s possession that relates to the subject matter of the testimony.
What Qualifies as a “Statement”
§ 3500(e) defines “statement” as:
- A written statement by the witness signed or adopted by the witness
- A substantially verbatim recording or transcription of an oral statement
- A grand jury transcript of testimony by the witness
Notes from an interview that merely summarize or paraphrase the witness’s statements do NOT qualify as a “statement” unless they are a verbatim contemporaneous recording.
Procedure
- After witness testifies on direct, defense counsel moves for Jencks material
- Court orders government to produce any covered statements
- If government claims a statement is irrelevant, court may review in camera
- If government refuses to produce, court may strike the testimony or, in appropriate cases, declare a mistrial
Relationship to Brady / Rule 16
- Brady requires disclosure of exculpatory material regardless of whether a witness testifies; Jencks requires disclosure of any prior statement only after direct examination
- Rule 16 governs broader discovery; many courts require early production of Jencks material voluntarily to avoid mid-trial delays