Disclosure in the United States

Release of information by one side in a legal case to the other side. Disclosure typically involves a prosecutor revealing information to the defense in a criminal case, but defense disclosure occurs in certain situations as well. Disclosure is a kind of discovery. While prosecutorial disclosure is largely informal, it may be mandatory under some circumstances. As a general practice, many prosecuting attorneys routinely share some of their case with defense counsel. Such a practice is often called an “open file” policy and commonly extends to at least making police reports available to the defense. When the prosecutor comes into possession of evidence that might aid the defendant, disclosure is required as a matter of due process. The prosecution must, for example, disclose to the defense that a state witness made inconsistent statements prior to trial.

Analysis and Relevance

Prosecutorial disclosure occurs for two reasons, first, prosecutors are officers of the court. Considerations of due process require that prosecutors do not knowingly suppress evidence that might clear a criminal defendant. Further, if that evidence is to be of value to the defense and more generally to the judicial process, it must be disclosed in advance of the trial so that, for example, it may be utilized in cross-examination of witnesses. This reasoning sustains mandatory disclosure. Informal disclosure is undertaken for a different reason: it facilitates disposition of cases. When prosecutors share police reports, for example, defense counsel is usually better able to assess the strength of the case against his or her client. When faced with a strong case, defendants often plead guilty. A guilty plea is a conviction for the prosecutor, and prosecutors routinely attempt to “encourage” such pleas by making more information available. In addition to aiding in the disposition of cases, an open file policy reflects those expectations of cooperation consistent with the concept of the courtroom work group. In some jurisdictions, there are disclosure requirements on the defense in criminal cases. Notice of alibi defense is an example. Like mandatory prosecutorial disclosure, such notice is intended to allow the other side an opportunity to prepare for cross-examination.

Notes and References

Definition of Disclosure from the American Law Dictionary, 1991, California

Practical Information

Note: Some of this information was last updated in 1982

See patent (in U.S. law).

(Revised by Ann De Vries)

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Disclosure in State Statute Topics

Introduction to Disclosure (State statute topic)

The purpose of Disclosure is to provide a broad appreciation of the Disclosure legal topic. Select from the list of U.S. legal topics for information (other than Disclosure).

Disclosure (Administrative Record)

This section introduces, discusses and describes the basics of disclosure. Then, cross references and a brief overview about Administrative Record is provided. Finally, the subject of Judicial Review in relation with disclosure is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.

Disclosure (Agency Relationships)

This section introduces, discusses and describes the basics of disclosure. Then, cross references and a brief overview about Agency Relationships is provided. Finally, the subject of Business, Corporate Law in relation with disclosure is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.

Disclosure (Consumer Leasing)

This section introduces, discusses and describes the basics of disclosure. Then, cross references and a brief overview about Consumer Leasing is provided. Finally, the subject of Consumer Protection in relation with disclosure is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.

Disclosure (Real Estate Settlement Procedures)

This section introduces, discusses and describes the basics of disclosure. Then, cross references and a brief overview about Real Estate Settlement Procedures is provided. Finally, the subject of Consumer Protection in relation with disclosure is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.

Disclosure (Right to Financial Privacy)

This section introduces, discusses and describes the basics of disclosure. Then, cross references and a brief overview about Right to Financial Privacy is provided. Finally, the subject of Consumer Protection in relation with disclosure is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.

Disclosure (Truth in Lending)

This section introduces, discusses and describes the basics of disclosure. Then, cross references and a brief overview about Truth in Lending is provided. Finally, the subject of Consumer Protection in relation with disclosure is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.

Disclosure