Federal Rules of Criminal Procedure 16(a)(2)
Listed by: NARA Registry, DoD Registry, Related authorities
Designation evidence
- NARA authority row: Federal Rules of Criminal Procedure 16(a)(2) | status: Basic | banner: CUI.
- DoD authority row: Federal Rules of Criminal Procedure 16(a)(2). DoD lists this citation for the category; this DoD detail page does not display a separate Basic/Specified field.
- Related authority evidence: Federal Rules of Criminal Procedure 16(a)(2) | status: Basic | banner: CUI
- Related authority evidence: DoD lists this authority for the category; the linked authority text is extracted below when available.
- Registry designation context: Basic, CUI. The linked authority text contains category-scope or applicability language that helps determine when the information falls within this CUI category. The linked authority text contains disclosure, access, protection, release, dissemination, or distribution-control language relevant to handling. The linked authority text contains violation, penalty, sanction, or enforcement language that may affect consequences for mishandling.
- Registry designation for this category is Basic with banner CUI.
Extracted authority meaning
- FEDERAL RULES
- Registry designation context: Basic, CUI. The linked authority text contains category-scope or applicability language that helps determine when the information falls within this CUI category. The linked authority text contains disclosure, access, protection, release, dissemination, or distribution-control language relevant to handling. The linked authority text contains violation, penalty, sanction, or enforcement language that may affect consequences for mishandling.
Operating conditions
- NARA category scope used with this authority: Per 15 USC 78x(f)(4): The term "privilege" includes any work-product privilege, attorney-client privilege, governmental privilege, or other privilege recognized under Federal, State, or foreign law. Per 502(g): (1) "attorney-client privilege" means the protection that applicable law provides for confidential attorney-client communications, and (2) "work-product protection" means the protection that applicable law provides for tangible material (or its intangible equivalent) prepared in anticipation of litigation or for trial. Note: There are two limited dissemination control markings that can be used with this category; Attorney Work Product (AWP), Attorney Client Privilege (AC). These limited dissemination control markings may be used to help identify the type of privilege in the document and limit the dissemination of that information so as to preserve that privilege. These limited dissemination control markings (AWP, AC) may only be used on information protected under the CUI "Legal Privilege" category.
- DoD category scope used with this authority: The term "privilege" includes any work-product privilege, attorney-client privilege, governmental privilege, or other privilege recognized under Federal, State, or foreign law. Per 502(g): (1) "attorney-client privilege" means the protection that applicable law provides for confidential attorney-client communications; and (2) "work-product protection" means the protection that applicable law provides for tangible material (or its intangible equivalent) prepared in anticipation of litigation or for trial.
- Federal Rules of Criminal Procedure 16(a)(2) | status: Basic | banner: CUI
- DoD lists this authority for the category; the linked authority text is extracted below when available.
- NARA registry status: Basic. Per-authority NARA status values: Basic. NARA banner marking evidence: CUI. DoD registry requires dissemination control: ATTORNEY-CLIENT or ATTORNEY-WP. The registry evidence is preserved here; detailed primary-law or regulation text analysis remains pending for this category.
- NARA category scope: Per 15 USC 78x(f)(4): The term "privilege" includes any work-product privilege, attorney-client privilege, governmental privilege, or other privilege recognized under Federal, State, or foreign law. Per 502(g): (1) "attorney-client privilege" means the protection that applicable law provides for confidential attorney-client communications, and (2) "work-product protection" means the protection that applicable law provides for tangible material (or its intangible equivalent) prepared in anticipation of litigation or for trial. Note: There are two limited dissemination control markings that can be used with this category; Attorney Work Product (AWP), Attorney Client Privilege (AC). These limited dissemination control markings may be used to help identify the type of privilege in the document and limit the dissemination of that information so as to preserve that privilege. These limited dissemination control markings (AWP, AC) may only be used on information protected under the CUI "Legal Privilege" category.
- DoD category scope: The term "privilege" includes any work-product privilege, attorney-client privilege, governmental privilege, or other privilege recognized under Federal, State, or foreign law. Per 502(g): (1) "attorney-client privilege" means the protection that applicable law provides for confidential attorney-client communications; and (2) "work-product protection" means the protection that applicable law provides for tangible material (or its intangible equivalent) prepared in anticipation of litigation or for trial.
- DoD registry-required dissemination control: ATTORNEY-CLIENT or ATTORNEY-WP
- Extracted authority condition: These rules also govern the procedure in all criminal proceedings in the following courts: (A) the district court of Guam; (B) the district court for the Northern Mariana Islands, except as otherwise provided by law; and (C) the district court of the Virgin Islands, except that the prosecution of offenses in that court must be by indict- ment or information as otherwise provided by law.
- Extracted authority condition: The presentence report must also contain the following: (A) the defendant’s history and characteristics, includ- ing: (i) any prior criminal record; (ii) the defendant’s financial condition; and (iii) any circumstances affecting the defendant’s be- havior that may be helpful in imposing sentence or in correctional treatment; (B) information that assesses any financial, social, psy- chological, and medical impact on any victim; (C) when appropriate, the nature and extent of nonprison programs and resources available to the defendant; (D) when the law provides for restitution, information sufficient for a restitution order; (E) if the court orders a study under 18 U.S.C. § 3552(b), any resulting report and recommendation; (F) a statement of whether the government seeks forfeit- ure under Rule 32.2 and any other law; and (G) any other information that the court requires, in- cluding information relevant to the factors under 18 U.S.C. § 3553(a).
- Extracted authority condition: 23 Rule 12.3 FEDERAL RULES OF CRIMINAL PROCEDURE (3) Disclosing Results and Reports of the Defendant’s Expert Examination.
Safeguarding and dissemination controls
- NARA registry control evidence: status Basic; banner marking CUI.
- DoD required dissemination control: ATTORNEY-CLIENT or ATTORNEY-WP
- DoD applicable policies: Hosted by Department of War Information Activity - WEB.mil, ![Image 2: Veterans Crisis Line number. Dial 988 then Press 1
- Nara basic or specified: Basic
- Nara authority rows: 10 CFR 2.347(b) | status: Basic | banner: CUI || 16 CFR 1025.31(c)(3) | status: Basic | banner: CUI || Federal Rules of Civil Procedure 26(b)(3) | status: Basic | banner: CUI | sanctions: Federal Rules of Civil Procedure 37 || Federal Rules of Civil Procedure 26(b)(5) | status: Basic | banner: CUI | sanctions: Federal Rules of Civil Procedure 37 || Federal Rules of Criminal Procedure 16(a)(2) | status: Basic | banner: CUI || 28 CFR 16.23 | status: Basic | banner: CUI || 76 Federal Register 34986 | status: Basic | banner: CUI || 26 USC 7525 | status: Basic | banner: CUI || Federal Rules of Evidence Rules 501 and 502(g) | status: Basic | banner: CUI || 18 CFR 385 | status: Basic | banner: CUI || 18 CFR 3c.2 | status: Basic | banner: CUI || 18 CFR 388.112(a) | status: Basic | banner: CUI
- Nara banner markings: CUI
- Nara sanctions: Federal Rules of Civil Procedure 37
- Dod required dissemination control: ATTORNEY-CLIENT or ATTORNEY-WP
- Dod applicable policies: Hosted by Department of War Information Activity - WEB.mil, ![Image 2: Veterans Crisis Line number. Dial 988 then Press 1
- DoD registry lists ATTORNEY-CLIENT or ATTORNEY-WP. Confirm whether the control is mandatory for the specific document, transaction, or dissemination context.
- Use the registry assertions, NARA authority rows, DoD authorities, DoD policies, warning statements, required dissemination controls, and examples first. Where the cited authority does not specify a handling detail, apply CUI Basic safeguards and dissemination rules so long as they do not conflict with the authority or agency-specific controls.
- Extracted authority control: 4 Rule 4.1 FEDERAL RULES OF CRIMINAL PROCEDURE (C) A summons is served on an organization in a judicial district of the United States by delivering a copy to an of- ficer, to a managing or general agent, or to another agent appointed or legally authorized to receive service of proc- ess.
- Extracted authority control: Proceedings not governed by these rules include: (A) the extradition and rendition of a fugitive; (B) a civil property forfeiture for violating a federal stat- ute; (C) the collection of a fine or penalty; (D) a proceeding under a statute governing juvenile de- linquency to the extent the procedure is inconsistent with the statute, unless Rule 20(d) provides otherwise; (E) a dispute between seamen under 22 U.S.C. §§ 256–258; and (F) a proceeding against a witness in a foreign country under 28 U.S.C. § 1784.
Authority excerpts
Most relevant extracted authority passage
4 Rule 4.1 FEDERAL RULES OF CRIMINAL PROCEDURE (C) A summons is served on an organization in a judicial district of the United States by delivering a copy to an of- ficer, to a managing or general agent, or to another agent appointed or legally authorized to receive service of proc- ess.
Extracted authority passage 6
These rules also govern the procedure in all criminal proceedings in the following courts: (A) the district court of Guam; (B) the district court for the Northern Mariana Islands, except as otherwise provided by law; and (C) the district court of the Virgin Islands, except that the prosecution of offenses in that court must be by indict- ment or information as otherwise provided by law.
28 CFR 16.23
Listed by: NARA Registry, DoD Registry, Related authorities
Designation evidence
- NARA authority row: 28 CFR 16.23 | status: Basic | banner: CUI.
- DoD authority row: 28 CFR 16.23. DoD lists this citation for the category; this DoD detail page does not display a separate Basic/Specified field.
- Related authority evidence: 28 CFR 16.23 | status: Basic | banner: CUI
- Related authority evidence: DoD lists this authority for the category; the linked authority text is extracted below when available.
- Registry designation context: Basic, CUI. The linked authority text contains category-scope or applicability language that helps determine when the information falls within this CUI category. The linked authority text contains disclosure, access, protection, release, dissemination, or distribution-control language relevant to handling. The linked authority text contains violation, penalty, sanction, or enforcement language that may affect consequences for mishandling.
- Registry designation for this category is Basic with banner CUI.
Extracted authority meaning
- which the United States is a party.
- Registry designation context: Basic, CUI. The linked authority text contains category-scope or applicability language that helps determine when the information falls within this CUI category. The linked authority text contains disclosure, access, protection, release, dissemination, or distribution-control language relevant to handling. The linked authority text contains violation, penalty, sanction, or enforcement language that may affect consequences for mishandling.
Operating conditions
- NARA category scope used with this authority: Per 15 USC 78x(f)(4): The term "privilege" includes any work-product privilege, attorney-client privilege, governmental privilege, or other privilege recognized under Federal, State, or foreign law. Per 502(g): (1) "attorney-client privilege" means the protection that applicable law provides for confidential attorney-client communications, and (2) "work-product protection" means the protection that applicable law provides for tangible material (or its intangible equivalent) prepared in anticipation of litigation or for trial. Note: There are two limited dissemination control markings that can be used with this category; Attorney Work Product (AWP), Attorney Client Privilege (AC). These limited dissemination control markings may be used to help identify the type of privilege in the document and limit the dissemination of that information so as to preserve that privilege. These limited dissemination control markings (AWP, AC) may only be used on information protected under the CUI "Legal Privilege" category.
- DoD category scope used with this authority: The term "privilege" includes any work-product privilege, attorney-client privilege, governmental privilege, or other privilege recognized under Federal, State, or foreign law. Per 502(g): (1) "attorney-client privilege" means the protection that applicable law provides for confidential attorney-client communications; and (2) "work-product protection" means the protection that applicable law provides for tangible material (or its intangible equivalent) prepared in anticipation of litigation or for trial.
- 28 CFR 16.23 | status: Basic | banner: CUI
- DoD lists this authority for the category; the linked authority text is extracted below when available.
- NARA registry status: Basic. Per-authority NARA status values: Basic. NARA banner marking evidence: CUI. DoD registry requires dissemination control: ATTORNEY-CLIENT or ATTORNEY-WP. The registry evidence is preserved here; detailed primary-law or regulation text analysis remains pending for this category.
- NARA category scope: Per 15 USC 78x(f)(4): The term "privilege" includes any work-product privilege, attorney-client privilege, governmental privilege, or other privilege recognized under Federal, State, or foreign law. Per 502(g): (1) "attorney-client privilege" means the protection that applicable law provides for confidential attorney-client communications, and (2) "work-product protection" means the protection that applicable law provides for tangible material (or its intangible equivalent) prepared in anticipation of litigation or for trial. Note: There are two limited dissemination control markings that can be used with this category; Attorney Work Product (AWP), Attorney Client Privilege (AC). These limited dissemination control markings may be used to help identify the type of privilege in the document and limit the dissemination of that information so as to preserve that privilege. These limited dissemination control markings (AWP, AC) may only be used on information protected under the CUI "Legal Privilege" category.
- DoD category scope: The term "privilege" includes any work-product privilege, attorney-client privilege, governmental privilege, or other privilege recognized under Federal, State, or foreign law. Per 502(g): (1) "attorney-client privilege" means the protection that applicable law provides for confidential attorney-client communications; and (2) "work-product protection" means the protection that applicable law provides for tangible material (or its intangible equivalent) prepared in anticipation of litigation or for trial.
- DoD registry-required dissemination control: ATTORNEY-CLIENT or ATTORNEY-WP
- Extracted authority condition: (a) Every attorney in the Department of Justice in charge of any case or mat- ter in which the United States is a party is authorized, after consultation with the ‘‘originating component’’ as defined in § 16.24(a) of this part, to re- veal and furnish to any person, includ- ing an actual or prospective witness, a grand jury, counsel, or a court, either during or preparatory to a proceeding, such testimony, and relevant unclassi- fied material, documents, or informa- tion secured by any attorney, or inves- tigator of the Department of Justice, as such attorney shall deem necessary or desirable to the discharge of the at- torney’s official duties: Provided, Such an attorney shall consider, with re- spect to any disclosure, the factors set forth in § 16.26(a) of this part: And fur- ther provided, An attorney shall not re- veal or furnish any material, docu- ments, testimony or information when, in the attorney’s judgment, any of the factors specified in § 16.26(b) exists, without the express prior approval by the Assistant Attorney General in charge of the division responsible for the case or proceeding, the Director of the Executive Office for United States Trustees (hereinafter referred to as ‘‘the EOUST’’), or such persons’ des- ignees.
- Extracted authority condition: Attorney shall request a summary of the information sought and its relevance to the proceeding. § 16.23 General disclosure authority in Federal and State proceedings in which the United States is a party.
- Extracted authority condition: (b) An attorney may seek higher level review at any stage of a pro- ceeding, including prior to the issuance of a court order, when the attorney de- termines that a factor specified in § 16.26(b) exists or foresees that higher level approval will be required before disclosure of the information or testi- mony in question.
- Extracted authority condition: I (7–1–18 Edition) § 16.23 (d) When information other than oral testimony is sought by a demand, the responsible U.S.
Safeguarding and dissemination controls
- NARA registry control evidence: status Basic; banner marking CUI.
- DoD required dissemination control: ATTORNEY-CLIENT or ATTORNEY-WP
- DoD applicable policies: Hosted by Department of War Information Activity - WEB.mil, ![Image 2: Veterans Crisis Line number. Dial 988 then Press 1
- Nara basic or specified: Basic
- Nara authority rows: 10 CFR 2.347(b) | status: Basic | banner: CUI || 16 CFR 1025.31(c)(3) | status: Basic | banner: CUI || Federal Rules of Civil Procedure 26(b)(3) | status: Basic | banner: CUI | sanctions: Federal Rules of Civil Procedure 37 || Federal Rules of Civil Procedure 26(b)(5) | status: Basic | banner: CUI | sanctions: Federal Rules of Civil Procedure 37 || Federal Rules of Criminal Procedure 16(a)(2) | status: Basic | banner: CUI || 28 CFR 16.23 | status: Basic | banner: CUI || 76 Federal Register 34986 | status: Basic | banner: CUI || 26 USC 7525 | status: Basic | banner: CUI || Federal Rules of Evidence Rules 501 and 502(g) | status: Basic | banner: CUI || 18 CFR 385 | status: Basic | banner: CUI || 18 CFR 3c.2 | status: Basic | banner: CUI || 18 CFR 388.112(a) | status: Basic | banner: CUI
- Nara banner markings: CUI
- Nara sanctions: Federal Rules of Civil Procedure 37
- Dod required dissemination control: ATTORNEY-CLIENT or ATTORNEY-WP
- Dod applicable policies: Hosted by Department of War Information Activity - WEB.mil, ![Image 2: Veterans Crisis Line number. Dial 988 then Press 1
- DoD registry lists ATTORNEY-CLIENT or ATTORNEY-WP. Confirm whether the control is mandatory for the specific document, transaction, or dissemination context.
- Use the registry assertions, NARA authority rows, DoD authorities, DoD policies, warning statements, required dissemination controls, and examples first. Where the cited authority does not specify a handling detail, apply CUI Basic safeguards and dissemination rules so long as they do not conflict with the authority or agency-specific controls.
- Extracted authority control: (a) Every attorney in the Department of Justice in charge of any case or mat- ter in which the United States is a party is authorized, after consultation with the ‘‘originating component’’ as defined in § 16.24(a) of this part, to re- veal and furnish to any person, includ- ing an actual or prospective witness, a grand jury, counsel, or a court, either during or preparatory to a proceeding, such testimony, and relevant unclassi- fied material, documents, or informa- tion secured by any attorney, or inves- tigator of the Department of Justice, as such attorney shall deem necessary or desirable to the discharge of the at- torney’s official duties: Provided, Such an attorney shall consider, with re- spect to any disclosure, the factors set forth in § 16.26(a) of this part: And fur- ther provided, An attorney shall not re- veal or furnish any material, docu- ments, testimony or information when, in the attorney’s judgment, any of the factors specified in § 16.26(b) exists, without the express prior approval by the Assistant Attorney General in charge of the division responsible for the case or proceeding, the Director of the Executive Office for United States Trustees (hereinafter referred to as ‘‘the EOUST’’), or such persons’ des- ignees.
- Extracted authority control: (c) If oral testimony is sought by a demand in a case or matter in which the United States is a party, an affi- davit, or, if that is not feasible, a state- ment by the party seeking the testi- mony or by the party’s attorney set- ting forth a summary of the testimony sought must be furnished to the De- partment attorney handling the case or matter. § 16.24 Procedure in the event of a de- mand where disclosure is not other- wise authorized.
Authority excerpts
Most relevant extracted authority passage
(a) Every attorney in the Department of Justice in charge of any case or mat- ter in which the United States is a party is authorized, after consultation with the ‘‘originating component’’ as defined in § 16.24(a) of this part, to re- veal and furnish to any person, includ- ing an actual or prospective witness, a grand jury, counsel, or a court, either during or preparatory to a proceeding, such testimony, and relevant unclassi- fied material, documents, or informa- tion secured by any attorney, or inves- tigator of the Department of Justice, as such attorney shall deem necessary or desirable to the discharge of the at- torney’s official duties: Provided, Such an attorney shall consider, with re- spect to any disclosure, the factors set forth in § 16.26(a) of this part: And fur- ther provided, An attorney shall not re- veal or furnish any material, docu- ments, testimony or information when, in the attorney’s judgment, any of the factors specified in § 16.26(b) exists, without the express prior approval by the Assistant Attorney General in charge of the division responsible for the case or proceeding, the Director of the Executive Office for United States Trustees (hereinafter referred to as ‘‘the EOUST’’), or such persons’ des- ignees.
Extracted authority passage 2
(c) If oral testimony is sought by a demand in a case or matter in which the United States is a party, an affi- davit, or, if that is not feasible, a state- ment by the party seeking the testi- mony or by the party’s attorney set- ting forth a summary of the testimony sought must be furnished to the De- partment attorney handling the case or matter. § 16.24 Procedure in the event of a de- mand where disclosure is not other- wise authorized.
Extracted authority passage 3
Attorney shall request a summary of the information sought and its relevance to the proceeding. § 16.23 General disclosure authority in Federal and State proceedings in which the United States is a party.
Extracted authority passage 4
(b) An attorney may seek higher level review at any stage of a pro- ceeding, including prior to the issuance of a court order, when the attorney de- termines that a factor specified in § 16.26(b) exists or foresees that higher level approval will be required before disclosure of the information or testi- mony in question.
Extracted authority passage 5
I (7–1–18 Edition) § 16.23 (d) When information other than oral testimony is sought by a demand, the responsible U.S.
Federal Rules of Evidence Rules 501 and 502(g)
Listed by: NARA Registry, DoD Registry, Related authorities
Designation evidence
- NARA authority row: Federal Rules of Evidence Rules 501 and 502(g) | status: Basic | banner: CUI.
- DoD authority row: Federal Rules of Evidence Rules 501 and 502(g). DoD lists this citation for the category; this DoD detail page does not display a separate Basic/Specified field.
- Related authority evidence: Federal Rules of Evidence Rules 501 and 502(g) | status: Basic | banner: CUI
- Related authority evidence: DoD lists this authority for the category; the linked authority text is extracted below when available.
- Registry designation context: Basic, CUI. The linked authority text contains category-scope or applicability language that helps determine when the information falls within this CUI category. The linked authority text contains disclosure, access, protection, release, dissemination, or distribution-control language relevant to handling. The linked authority text contains violation, penalty, sanction, or enforcement language that may affect consequences for mishandling.
- Registry designation for this category is Basic with banner CUI.
Extracted authority meaning
- FEDERAL RULES
- Registry designation context: Basic, CUI. The linked authority text contains category-scope or applicability language that helps determine when the information falls within this CUI category. The linked authority text contains disclosure, access, protection, release, dissemination, or distribution-control language relevant to handling. The linked authority text contains violation, penalty, sanction, or enforcement language that may affect consequences for mishandling.
Operating conditions
- NARA category scope used with this authority: Per 15 USC 78x(f)(4): The term "privilege" includes any work-product privilege, attorney-client privilege, governmental privilege, or other privilege recognized under Federal, State, or foreign law. Per 502(g): (1) "attorney-client privilege" means the protection that applicable law provides for confidential attorney-client communications, and (2) "work-product protection" means the protection that applicable law provides for tangible material (or its intangible equivalent) prepared in anticipation of litigation or for trial. Note: There are two limited dissemination control markings that can be used with this category; Attorney Work Product (AWP), Attorney Client Privilege (AC). These limited dissemination control markings may be used to help identify the type of privilege in the document and limit the dissemination of that information so as to preserve that privilege. These limited dissemination control markings (AWP, AC) may only be used on information protected under the CUI "Legal Privilege" category.
- DoD category scope used with this authority: The term "privilege" includes any work-product privilege, attorney-client privilege, governmental privilege, or other privilege recognized under Federal, State, or foreign law. Per 502(g): (1) "attorney-client privilege" means the protection that applicable law provides for confidential attorney-client communications; and (2) "work-product protection" means the protection that applicable law provides for tangible material (or its intangible equivalent) prepared in anticipation of litigation or for trial.
- Federal Rules of Evidence Rules 501 and 502(g) | status: Basic | banner: CUI
- DoD lists this authority for the category; the linked authority text is extracted below when available.
- NARA registry status: Basic. Per-authority NARA status values: Basic. NARA banner marking evidence: CUI. DoD registry requires dissemination control: ATTORNEY-CLIENT or ATTORNEY-WP. The registry evidence is preserved here; detailed primary-law or regulation text analysis remains pending for this category.
- NARA category scope: Per 15 USC 78x(f)(4): The term "privilege" includes any work-product privilege, attorney-client privilege, governmental privilege, or other privilege recognized under Federal, State, or foreign law. Per 502(g): (1) "attorney-client privilege" means the protection that applicable law provides for confidential attorney-client communications, and (2) "work-product protection" means the protection that applicable law provides for tangible material (or its intangible equivalent) prepared in anticipation of litigation or for trial. Note: There are two limited dissemination control markings that can be used with this category; Attorney Work Product (AWP), Attorney Client Privilege (AC). These limited dissemination control markings may be used to help identify the type of privilege in the document and limit the dissemination of that information so as to preserve that privilege. These limited dissemination control markings (AWP, AC) may only be used on information protected under the CUI "Legal Privilege" category.
- DoD category scope: The term "privilege" includes any work-product privilege, attorney-client privilege, governmental privilege, or other privilege recognized under Federal, State, or foreign law. Per 502(g): (1) "attorney-client privilege" means the protection that applicable law provides for confidential attorney-client communications; and (2) "work-product protection" means the protection that applicable law provides for tangible material (or its intangible equivalent) prepared in anticipation of litigation or for trial.
- DoD registry-required dissemination control: ATTORNEY-CLIENT or ATTORNEY-WP
- Extracted authority condition: In these rules: (1) ‘‘civil case’’ means a civil action or proceeding; (2) ‘‘criminal case’’ includes a criminal proceeding; (3) ‘‘public office’’ includes a public agency; (4) ‘‘record’’ includes a memorandum, report, or data com- pilation; (5) a ‘‘rule prescribed by the Supreme Court’’ means a rule adopted by the Supreme Court under statutory authority; and (6) a reference to any kind of written material or any other medium includes electronically stored information.
- Extracted authority condition: Admissibility of Other Evidence of Content An original is not required and other evidence of the content of a writing, recording, or photograph is admissible if: (a) all the originals are lost or destroyed, and not by the pro- ponent acting in bad faith; (b) an original cannot be obtained by any available judicial process; (c) the party against whom the original would be offered had control of the original; was at that time put on notice, by pleadings or otherwise, that the original would be a subject of proof at the trial or hearing; and fails to produce it at the trial or hearing; or (d) the writing, recording, or photograph is not closely relat- ed to a controlling issue.
- Extracted authority condition: Attorney-Client Privilege and Work Product; Limitations on Waiver The following provisions apply, in the circumstances set out, to disclosure of a communication or information covered by the at- torney-client privilege or work-product protection.
- Extracted authority condition: 6 Rule 409 FEDERAL RULES OF EVIDENCE (2) conduct or a statement made during compromise negotia- tions about the claim—except when offered in a criminal case and when the negotiations related to a claim by a public office in the exercise of its regulatory, investigative, or enforcement authority.
- Extracted authority condition: (d) D EFINITION OF‘‘SEXUALASSAULT.’’ In this rule and Rule 415, ‘‘sexual assault’’ means a crime under federal law or under state law (as ‘‘state’’ is defined in 18 U.S.C. § 513) involving: (1) any conduct prohibited by 18 U.S.C. chapter 109A; (2) contact, without consent, between any part of the defend- ant’s body—or an object—and another person’s genitals or anus; (3) contact, without consent, between the defendant’s geni- tals or anus and any part of another person’s body; (4) deriving sexual pleasure or gratification from inflicting death, bodily injury, or physical pain on another person; or (5) an attempt or conspiracy to engage in conduct described in subparagraphs (1)–(4).
- Extracted authority condition: (d) D EFINITION OF‘‘CHILD’’ AND‘‘CHILDMOLESTATION.’’ In this rule and Rule 415: (1) ‘‘child’’ means a person below the age of 14; and (2) ‘‘child molestation’’ means a crime under federal law or under state law (as ‘‘state’’ is defined in 18 U.S.C. § 513) involv- ing: (A) any conduct prohibited by 18 U.S.C. chapter 109A and committed with a child; (B) any conduct prohibited by 18 U.S.C. chapter 110; (C) contact between any part of the defendant’s body—or an object—and a child’s genitals or anus; (D) contact between the defendant’s genitals or anus and any part of a child’s body; (E) deriving sexual pleasure or gratification from inflict- ing death, bodily injury, or physical pain on a child; or (F) an attempt or conspiracy to engage in conduct de- scribed in subparagraphs (A)–(E).
Safeguarding and dissemination controls
- NARA registry control evidence: status Basic; banner marking CUI.
- DoD required dissemination control: ATTORNEY-CLIENT or ATTORNEY-WP
- DoD applicable policies: Hosted by Department of War Information Activity - WEB.mil, ![Image 2: Veterans Crisis Line number. Dial 988 then Press 1
- Nara basic or specified: Basic
- Nara authority rows: 10 CFR 2.347(b) | status: Basic | banner: CUI || 16 CFR 1025.31(c)(3) | status: Basic | banner: CUI || Federal Rules of Civil Procedure 26(b)(3) | status: Basic | banner: CUI | sanctions: Federal Rules of Civil Procedure 37 || Federal Rules of Civil Procedure 26(b)(5) | status: Basic | banner: CUI | sanctions: Federal Rules of Civil Procedure 37 || Federal Rules of Criminal Procedure 16(a)(2) | status: Basic | banner: CUI || 28 CFR 16.23 | status: Basic | banner: CUI || 76 Federal Register 34986 | status: Basic | banner: CUI || 26 USC 7525 | status: Basic | banner: CUI || Federal Rules of Evidence Rules 501 and 502(g) | status: Basic | banner: CUI || 18 CFR 385 | status: Basic | banner: CUI || 18 CFR 3c.2 | status: Basic | banner: CUI || 18 CFR 388.112(a) | status: Basic | banner: CUI
- Nara banner markings: CUI
- Nara sanctions: Federal Rules of Civil Procedure 37
- Dod required dissemination control: ATTORNEY-CLIENT or ATTORNEY-WP
- Dod applicable policies: Hosted by Department of War Information Activity - WEB.mil, ![Image 2: Veterans Crisis Line number. Dial 988 then Press 1
- DoD registry lists ATTORNEY-CLIENT or ATTORNEY-WP. Confirm whether the control is mandatory for the specific document, transaction, or dissemination context.
- Use the registry assertions, NARA authority rows, DoD authorities, DoD policies, warning statements, required dissemination controls, and examples first. Where the cited authority does not specify a handling detail, apply CUI Basic safeguards and dissemination rules so long as they do not conflict with the authority or agency-specific controls.
- Extracted authority control: In this rule: (1) ‘‘attorney-client privilege’’ means the protection that ap- plicable law provides for confidential attorney-client commu- nications; and (2) ‘‘work-product protection’’ means the protection that ap- plicable law provides for tangible material (or its intangible equivalent) prepared in anticipation of litigation or for trial.
- Extracted authority control: When the disclosure is made in a federal proceeding or to a federal office or agency and waives the attorney-client privilege or work-product protection, the waiver extends to an undisclosed communication or informa- tion in a federal or state proceeding only if: (1) the waiver is intentional; (2) the disclosed and undisclosed communications or infor- mation concern the same subject matter; and (3) they ought in fairness to be considered together.
- Extracted authority control: When made in a federal proceeding or to a federal office or agency, the disclosure does not operate as a waiver in a federal or state proceeding if: (1) the disclosure is inadvertent; (2) the holder of the privilege or protection took reasonable steps to prevent disclosure; and (3) the holder promptly took reasonable steps to rectify the error, including (if applicable) following Federal Rule of Civil Procedure 26(b)(5)(B).
- Extracted authority control: These rules—except for those on privilege—do not apply to the following: (1) the court’s determination, under Rule 104(a), on a pre- liminary question of fact governing admissibility; (2) grand-jury proceedings; and (3) miscellaneous proceedings such as: • extradition or rendition; • issuing an arrest warrant, criminal summons, or search warrant; • a preliminary examination in a criminal case; • sentencing; • granting or revoking probation or supervised release; and • considering whether to release on bail or otherwise.
- Extracted authority control: Attorney-Client Privilege and Work Product; Limitations on Waiver The following provisions apply, in the circumstances set out, to disclosure of a communication or information covered by the at- torney-client privilege or work-product protection.
- Extracted authority control: The following rules apply to attacking a witness’s character for truthfulness by evidence of a criminal con- viction: (1) for a crime that, in the convicting jurisdiction, was pun- ishable by death or by imprisonment for more than one year, the evidence: (A) must be admitted, subject to Rule 403, in a civil case or in a criminal case in which the witness is not a defend- ant; and (B) must be admitted in a criminal case in which the witness is a defendant, if the probative value of the evi- dence outweighs its prejudicial effect to that defendant; and (2) for any crime regardless of the punishment, the evidence must be admitted if the court can readily determine that es- tablishing the elements of the crime required proving—or the witness’s admitting—a dishonest act or false statement.
- Extracted authority control: 22 Rule 805 FEDERAL RULES OF EVIDENCE else or to expose the declarant to civil or criminal liabil- ity; and (B) is supported by corroborating circumstances that clearly indicate its trustworthiness, if it is offered in a criminal case as one that tends to expose the declarant to criminal liability.
Authority excerpts
Most relevant extracted authority passage
In this rule: (1) ‘‘attorney-client privilege’’ means the protection that ap- plicable law provides for confidential attorney-client commu- nications; and (2) ‘‘work-product protection’’ means the protection that ap- plicable law provides for tangible material (or its intangible equivalent) prepared in anticipation of litigation or for trial.
Extracted authority passage 2
When the disclosure is made in a federal proceeding or to a federal office or agency and waives the attorney-client privilege or work-product protection, the waiver extends to an undisclosed communication or informa- tion in a federal or state proceeding only if: (1) the waiver is intentional; (2) the disclosed and undisclosed communications or infor- mation concern the same subject matter; and (3) they ought in fairness to be considered together.
Extracted authority passage 3
When made in a federal proceeding or to a federal office or agency, the disclosure does not operate as a waiver in a federal or state proceeding if: (1) the disclosure is inadvertent; (2) the holder of the privilege or protection took reasonable steps to prevent disclosure; and (3) the holder promptly took reasonable steps to rectify the error, including (if applicable) following Federal Rule of Civil Procedure 26(b)(5)(B).
Extracted authority passage 4
These rules—except for those on privilege—do not apply to the following: (1) the court’s determination, under Rule 104(a), on a pre- liminary question of fact governing admissibility; (2) grand-jury proceedings; and (3) miscellaneous proceedings such as: • extradition or rendition; • issuing an arrest warrant, criminal summons, or search warrant; • a preliminary examination in a criminal case; • sentencing; • granting or revoking probation or supervised release; and • considering whether to release on bail or otherwise.
Extracted authority passage 5
Attorney-Client Privilege and Work Product; Limitations on Waiver The following provisions apply, in the circumstances set out, to disclosure of a communication or information covered by the at- torney-client privilege or work-product protection.
Extracted authority passage 6
In these rules: (1) ‘‘civil case’’ means a civil action or proceeding; (2) ‘‘criminal case’’ includes a criminal proceeding; (3) ‘‘public office’’ includes a public agency; (4) ‘‘record’’ includes a memorandum, report, or data com- pilation; (5) a ‘‘rule prescribed by the Supreme Court’’ means a rule adopted by the Supreme Court under statutory authority; and (6) a reference to any kind of written material or any other medium includes electronically stored information.