The defendant has a right to examine and copy any medical and scientific reports that are in the government's custody or control under 18 U.S.C. 3489(a)(1) (1948). However, if the government's attorney is informed of the existence of the report and the item is essential to building the defense, the defendant may be permitted to do so.
This rule is similar to Alabama's rule 16.1, which allows the defendant to examine and copy any medical or experimental report that is in the state's possession or control and has the prosecutor admit its existence. (""Alabama Unified Judicial System""). The major difference between the Federal and State rules is that the latter do not consider whether the item is material to the case and it specifies that the defendant should exercise such privileges within 14 days.
Works Cited
"Alabama Unified Judicial System." Judicial.Alabama.Gov, 2016, http://judicial.alabama.gov/library/rules_crim_procedure.cfm.
