Which rule extends the Jencks Act to non-trial proceedings?

• A. Jencks Act
• B. Rule 26.2
• C. Federal Rule 16
• D. eDiscovery

Answer: (B)

Extending the Jencks Act to non-trial proceedings is accomplished by Rule 26.2 of the Federal Rules of Criminal Procedure. When a witness is going to testify under oath in any proceeding other than a trial—such as pretrial hearings, depositions, or other nontrial proceedings—the government must disclose the witness’s prior statements that relate to the subject matter of the testimony. This mirrors the Jencks Act’s protection at trial, ensuring the defense has access to the same prior statements in nontrial contexts to prepare cross-examination and impeachment.

The Jencks Act itself governs post-testimony production at trial, not nontrial settings, so it doesn’t extend by itself. eDiscovery is a civil-litigation term and not the mechanism here, and Rule 16 concerns general discovery in criminal cases but not this specific extension to nontrial proceedings.