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Under the federal rules, the following are subject to disclosure:
- Defendant's oral statement(s).
- Defendant's written or recorded statement(s).
- Defendant's prior record.
- Documents and objects.
- Reports of examinations and tests.
- Expert witnesses.
Information may be disclosed in a variety of ways. Some examples of discovery components include:
- A request for production of documents, items, samples, property and specimens.
- Verbal deposition, or the informal process of taking sworn testimony from witnesses (including experts) before trial.
- Disclosure of oral, written or recorded statements (frequently found in law enforcement reports).
- Copying or inspecting documents, books, papers, data, photographs and computer records.
- Test results.
- Written interrogatories or questions posed to an opposing party or witness.
- Physical and mental examination of parties.
- Requests for admission (often designed to eliminate issues from trial).
When an expert is expected to provide opinion testimony in the case, a written summary of the anticipated testimony must include a description of the opinions, the bases and reasons for those opinions, and the witness's qualifications.
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