Pre-trial Conference, Document Production
The identification and production of Jencks Act material may also be addressed at a pretrial conference. It is usual for the defense to receive the material outside the purview of the jury to avoid inference that the material is damaging to the defendant. If the material is not relevant, or helpful for impeachment, defense council may decide not to use it.
Requiring production of Jencks material in front of the jury is reversible error.
There must be some reason to believe that the documents actually exist. This can be documented when the witness uses the document to testify from, or by testimony that the document exists.
The decision whether a document should be produced is made by the trial court and not the prosecution.
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