Also known as: written statement · recorded statement · statement
Written by attorneys · grounded in primary & secondary sources — see below
A category of communications preserved in writing or captured through audio, video, or other recording technology. In criminal discovery, these statements by the defendant, codefendants, or witnesses are subject to production when in the government's possession or control.
Wilma Wright was charged with fraud. During a phone call with investigators she recorded an offer to cooperate in exchange for leniency. When the government later denied making the offer, Wilma moved for production of the recording. The court treated the recording as a written or recorded statement subject to production under the applicable discovery rules.
Winston Ward was a defendant in a high-profile prosecution. A local reporter interviewed a government witness who discussed the credibility of other witnesses. A transcript of the interview circulated online. The defense moved for production, arguing that the transcript constituted a written or recorded statement that the government was required to disclose.
Wade Watson was indicted for tax evasion. His lawyer sent Watson a signed letter detailing fee arrangements and potential cooperation statements. Watson later disputed whether the letter contained discoverable statements. The court required the lawyer to produce the letter as a written or recorded statement to resolve the discovery dispute.
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Winston West was a defendant in a state criminal prosecution that was removed. The notice of removal attached copies of recorded witness statements taken by state police. The government moved to strike the attachment, claiming the statements were not proper written or recorded statements under federal discovery rules.
Wesley Wells was charged with mortgage fraud. The title company prepared a closing statement listing all prorations and payoffs that contained recorded admissions by the defendant. After indictment a discovery dispute arose over an undisclosed lien. The parties treated the closing statement as a written or recorded statement that the government was required to produce.
William Williams was prosecuted under a federal statute. The government introduced a recorded congressional hearing statement describing the statute's purpose that contained admissions by a codefendant. Williams moved to suppress the recording, arguing it was not a proper written or recorded statement for use at trial under constitutional constraints.
The distinction determines whether the prosecution must produce the statement to the defense. Statements that are not written or recorded may fall outside mandatory discovery provisions and require separate justification or court order for production.
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A police report summarizing an oral statement is itself a written statement. The report therefore qualifies for discovery even though the original communication was oral.
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The substance alone is not discoverable as a written or recorded statement. Separate discovery rules or court orders may still require production under special limitations.
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