__________________ DISTRICT OF TEXAS
										
__________________  DIVISION

UNITED STATES OF AMERICA            	     §
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_______________________________               §

MOTION FOR PRODUCTION OF WITNESSES STATEMENTS
AND BRIEF IN SUPPORT THEREOF

TO THE HONORABLE ///, JUDGE, UNITED STATES DISTRICT COURT FOR THE /// DISTRICT OF TEXAS, /// DIVISION:

	COMES NOW ///, the Defendant in the above styled and numbered cause, based on the Fifth and Sixth Amendments of the United States Constitution, Rule 26.2, Fed. R. Crim. Pro., and 18 U.S.C. § 3500, and respectfully moves the Court to order the production of witnesses statements:
I.
MOTION
	The Defendant moves the Court to order the Government to produce the following requested items:
	1.	Any statement, whether in writing or however recorded and whether signed or unsigned, of any witness called to testify by the prosecution.

	2.	Any prosecution report or investigative agency report where same is shown to purport to be what the witness observed or did at the time in question and which concerns facts testified to by the witness on direct examination, whether made by the witness or not, so long as the witness has adopted the same as being correct.

	3.	Any writings prepared by the prosecuting attorneys relating to the subject matter of the testimony of a government witness, and such writing being signed or otherwise adopted or approved by said witness during his testimony.

	The Defendant would further request that he be given said statements, documents, charts, photographs or other requested objects, at least three (3) days prior to the person testifying in this case.
II.
BRIEF
	18 U.S.C. § 3500 provides that in a federal criminal prosecution, after a witness called by the prosecution has testified on direct examination, the Court, on motion of the Defendant, should order the prosecuting attorneys to produce the “statement,” as defined in the act, in the possession of the government, which relates to the subject matter as to which the witness had testified.  The statute provides that the definition of “statement” is as follows:
(1)	A written statement made by said witness and signed or otherwise adopted or approved by him;
(2) 	A stenographic, mechanical, electrical, or other recording, or a transcription thereof, which is a substantially verbatim recital or an oral statement made by said witness and recorded contemporaneously with the making of such oral statement; or
(3)	A statement, however taken or recorded, or a transcription thereof, if any, made by said witness to a grand jury.
18 U.S.C. 3500(e).  See also Rue 26.2(f), Fed. R. Crim. Pro.  The specific language of the statute requires production of any “statement” in the possession of the United States, without being limited to statements made to an agent of the government.  Thus, statements made to other persons not connected with the government, but in the possession of the prosecuting attorney, should be produced. Further, all statements made to the prosecuting attorney and adopted by said witness are also discoverable.  See Goldberg vs. United States, 425 U.S. 94 (1976).  Pursuant to the Jencks Act and the case of Jencks vs. United States, 353 U.S. 657 (1957), a defendant on trial in a criminal prosecution is entitled to relevant and competent reports and statements in the possession of the government, touching the events and activities to which a government witness has testified at trial.
	WHEREFORE, the Defendant prays that the Court order production of witnesses statements as requested herein.
							Respectfully Submitted,

							___________________________________
							Name
							State Bar No. 
							Address
							City, State, Zip
							Telephone
							Attorney for Defendant

CERTIFICATE OF SERVICE

	This is to certify that a true and correct copy of the above and foregoing Motion for Production of Witnesses Statements and Brief in Support Thereof was hand delivered to the office of the United States Attorney for the /// District of Texas, /// Division, /// Street, ///, Texas ///, on the /// day of /// , 20/// .
							______________________________________
							Attorney for Defendant

__________________ DISTRICT OF TEXAS
										
__________________  DIVISION

UNITED STATES OF AMERICA	                 §
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ORDER

	CAME ON TO BE CONSIDERED Defendant ///’s Motion For Production Of Witnesses Statements.  Having considered the Motion, authorities and arguments of counsel, it is hereby GRANTED and the Government is ordered to produce the prior statement of any witness whether signed by the witness or not, whether it is an actual statement or summary thereof, and whether or not it is written or electronically recorded.  Such statements are to be provided to defense counsel at least _____ days prior to the commencement of trial.
	It is so ORDERED.
	SIGNED on ____________________, 20___.

							__________________________________ 							UNITED STATES DISTRICT JUDGE

OR

	CAME UPON TO BE CONSIDERED the motion for production of witnesses statements of

Defendant ///. Upon consideration of the motion it is hereby:

__________	(GRANTED, and the government [and the United States Probation Office] is ordered to provide the requested documents to defense counsel on or before)

__________	(DENIED, to which the Defendant duly excepts.)
	SIGNED ON ____________________, 20___.

							_____________________________________
							UNITED STATES DISTRICT JUDGE