Federal Discovery

[Jwvolcom]

Jurisdiction

California

Is it possible to get the Discovery records for a past Federal criminal case that you have no relation to? Or is that only available to the Defendant and their lawyers?

 

[Tax Counsel]

Is it possible to get the Discovery records for a past Federal criminal case that you have no relation to? Or is that only available to the Defendant and their lawyers?

You'd only get discovery from a federal agency if you are in litigation with the agency in a federal court and the information you seek is relevant to the case. Discovery is a tool used in litigation; it is not something the general public can use to get information from the government.

There are ways for the public to get information from the federal government, but you may find those not available in this particular instance. The federal government's Freedom of Information Act (FOIA) excludes from open records those that contain personal information about another individual. So any FOIA request to the agencies involved would be denied. The court records would be accessible unless the court has sealed the case. If the case is sealed, you're pretty much limited to asking the defendant himself/herself since his/her lawyers are bound by the rules of professional responsibility each state has for lawyers. And they all require lawyers to keep their client's records confidential.

 

[adjusterjack]

Try PACER.

Public Access to Court Electronic Records | PACER: Federal Court Records (uscourts.gov)

You will have to create an account with a credit card in case you want copies of anything.

You might be severely limited as to what is available for copying.

Why do you want the discovery information?

 

[zddoodah]

Is it possible to get the Discovery records for a past Federal criminal case that you have no relation to?

In the abstract world of all that is hypothetical, virtually anything is possible.

Or is that only available to the Defendant and their lawyers?

If you're asking if materials produced during the discovery process are part of the public record, the answer is no.

What is it that you want, and why do you want it? Is the case over or ongoing? Have you called the assistant U.S. attorney who handled the case and/or the defendant's attorney and asked for whatever you want? If not, why not? If so, what response did you receive?

 

[Jwvolcom]

You'd only get discovery from a federal agency if you are in litigation with the agency in a federal court and the information you seek is relevant to the case. Discovery is a tool used in litigation; it is not something the general public can use to get information from the government.

There are ways for the public to get information from the federal government, but you may find those not available in this particular instance. The federal government's Freedom of Information Act (FOIA) excludes from open records those that contain personal information about another individual. So any FOIA request to the agencies involved would be denied. The court records would be accessible unless the court has sealed the case. If the case is sealed, you're pretty much limited to asking the defendant himself/herself since his/her lawyers are bound by the rules of professional responsibility each state has for lawyers. And they all require lawyers to keep their client's records confidential.

So you believe all of the information of the discovery may be available in PACER? Other users responses make it seem that the Discovery would not be included as public record.

 

[justblue]

So you believe all of the information of the discovery may be available in PACER? Other users responses make it seem that the Discovery would not be included as public record.

Why is it you want discovery information?

 

[adjusterjack]

So you believe all of the information of the discovery may be available in PACER?

Never said that.

I said "try PACER." But you might be severely limited in what you get.

Other users responses make it seem that the Discovery would not be included as public record.

That's closer to being true.

You still haven't answered the question - Why do you want it?

 

[zddoodah]

Please answer the questions I asked: "What is it that you want, and why do you want it? Is the case over or ongoing? Have you called the assistant U.S. attorney who handled the case and/or the defendant's attorney and asked for whatever you want? If not, why not? If so, what response did you receive?"

So you believe all of the information of the discovery may be available in PACER? Other users responses make it seem that the Discovery would not be included as public record.

PACER only has documents filed with the court. Discovery requests and responses and documents/evidence produced in discovery are not typically filed with the court.

 

[Tax Counsel]

So you believe all of the information of the discovery may be available in PACER? Other users responses make it seem that the Discovery would not be included as public record.

I didn't mention PACER at all for the reason that discovery materials are not posted there. Bear in mind that there is a lot of discovery that never shows up at trial. It's a process between the attorneys involved and the court only gets involved if there is a dispute over discovery. It is as a result of a court hearing or trial where that information might be in the court records, if properly admitted.

What specifically are you trying to find?