What is the test for controlling the disclosure of material evidence in a civil case?
MultiRegion, United States of America
The following excerpt is from U.S. v. Butler, 567 F.2d 885 (9th Cir. 1978):
Our opinion in United States v. Gerard, 491 F.2d 1300 (9th Cir. 1974), is controlling. There, we set out the "basic principle" governing this type of situation:
(T)he government is obliged to disclose pertinent material evidence favorable to the defense, and this applies not only to matters of substance, but to matters relating to the credibility of government witnesses. Giglio v. United States, 405 U.S. 150, (92 S.Ct. 763, 31 L.Ed.2d 104) (1972).
491 F.2d at 1302.
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