Identity Of Informer

(a) Rule of Privilege. The United States or a state or subdivision of a state has a privilege to refuse to disclose the identity of an individual who has furnished information relating to or assisting in an investigation of a possible violation of a law to a law enforcement officer or member of a legislative committee or its staff conducting an investigation. (b) Who May Claim. The privilege under this rule may be claimed by an appropriate representative of the government to which the information was furnished. (c) Exceptions. No privilege exists under this rule if the identity of the informer or the informer's interest in the subject matter of the informer's communication has been disclosed by a holder of the privilege or by the informer's own action to persons who would have cause to resent the communication or if the informer appears as a witness for the government. (d) Procedures. If it appears that an informer may be able to give testimony relevant to an issue in a criminal case or to a fair determination of a material issue on the merits in a civil case to which the government is a party, and the informed government invokes the privilege, the court must give the government an opportunity to show in chambers facts relevant to determining whether the informer can, in fact, supply the testimony. The showing will ordinarily be by declaration, but the court may direct that testimony be taken if it finds that the matter cannot be resolved satisfactorily upon declaration . If the court finds there is a reasonable probability that the informer can give the testimony, and the government elects not to disclose the informer's identity, in criminal cases the court on motion of the defendant or on its own motion must grant appropriate relief, which may include one or more of the following: requiring the prosecuting attorney to comply, granting the defendant additional time or a continuance, relieving the defendant from making disclosures otherwise required of the defendant, prohibiting the prosecuting attorney from introducing specified evidence, and dismissing charges. In civil cases, the court may make any order the interests of justice require. Evidence submitted to the court must be sealed and preserved to be made available to the appellate court in the event of an appeal, and the contents may not otherwise be revealed without consent of the informed government. All counsel and parties may be present at every stage of a proceeding under this subdivision except a showing in chambers, if the court has determined that no counsel or party may be present. (e) Legality of Obtaining Evidence. If information from an informer is relied upon to establish the legality of the means by which evidence was obtained and the court is not satisfied that the information was received from an informer reasonably believed to be reliable or credible, it may require the identity of the informer to be disclosed. The court must, on request of the government, direct that the disclosure be made in chambers. All counsel and parties concerned with the issue of legality must be permitted to be present at every stage of a proceeding under this subdivision except a disclosure in chambers, at which no counsel or party may be present. If disclosure of the identity of the informer is made in chambers, the record must be sealed and preserved to be made available to the appellate court in the event of an appeal, and the contents may not otherwise be revealed without consent of the government.