Local Rule 117.1: PRETRIAL CONFERENCES

RULE 117.1 PRETRIAL CONFERENCES

(a) Initial Pretrial Conference. Within 14 days of receiving the magistrate judge's final status report, or at the earliest practicable time before trial consistent with the Speedy Trial Act, the district judge to whom the case is assigned must conduct a Rule 11 hearing, if the defendant has requested one, or else must convene an initial pretrial conference, which counsel who will conduct the trial must attend. At the initial pretrial conference the district judge must:

(1) determine the number of days remaining before trial must begin under the Speedy Trial Act;

(2) confirm that all discovery has been produced, all discovery disputes have been resolved, and all pretrial motions under Fed. R. Crim. P. 12(b) have been filed and briefed, and schedule any necessary hearings or additional briefing on any pretrial motions under Fed. R. Crim. P. 12(b);

(3) establish a reliable trial date, which should not, except upon motion of the defendant, be less than 30 days after any evidentiary hearing on a pretrial motion under Fed. R. Crim. P. 12(b);

(4) unless the declination procedure provided by L.R. 116.6 has previously been invoked, order the government to disclose to the defendant no later than 21 days before the trial date:

(A) the exculpatory information identified in L.R. 116.2 (b)(2); and

(B) a general description (including the approximate date, time and place) of any crime, wrong, or act the government proposes to use pursuant to Fed. R. Evid. 404(b);

(5) determine whether the parties have furnished statements, as defined by 18 U.S.C. § 3500(e) and Fed. R. Crim. P. 26.2(f), of witnesses they intend to call in their cases-in-chief and, if not, when they propose to do so;

(6) determine whether any party objects to complying with the presumptive timing directives of subsections (a)(8) and (a)(9) for the disclosure of witnesses and identification of exhibits and materials. If any party expresses an objection, the court may decide the issues(s) presented at the initial pretrial conference or may order briefing and/or later argument on such issue(s);

(7) establish a schedule for the filing and briefing of possible motions in limine and for the filing of proposed voir dire questions, proposed jury instructions, and, if appropriate, trial briefs;

(8) unless an objection has been made pursuant to subsection(a)(6), order that at least 7 days before the trial date the government must:

(A) provide the defendant with the names and addresses of witnesses the government intends to call at trial (i) in its case-in-chief, and (ii) in its rebuttal to the defendant's alibi defense (if the defendant serves a L.R. 12.1(a)(2) notice). If the government subsequently forms an intent to call any other witness, the government shall promptly notify the defendant of the names and address of that prospective witness. The government shall not, however, provide the defendant the addresses of any victims whom it intends to call in its rebuttal to the defendant's alibi defense (if the defendant serves a L.R. 12.1(a)(2) notice) except pursuant to subsection (a)(9).

(B) provide the defendant with copies of the exhibits and a premarked list of the exhibits the government intends to use in its case-in-chief. If the government subsequently decides to offer any additional exhibit in its case-in-chief, the government shall promptly provide the opposing party with a copy of the exhibit and a supplemental exhibit list;

(9) if the defendant establishes a need for the address of a victim the government intends to call as a witness in its rebuttal to the defendant's alibi defense (if the defendant serves a L.R. 12.1(a)(2) notice), the court may:

(A) order the government to provide the information in writing to the defendant or the defendant's attorney; or

(B) fashion a reasonable procedure that allows preparation of the defense and also protects the victim's interests.

(10) unless an objection has been made pursuant to subsection (a)(6), order that at least 7 days before the trial the defendant must provide the government with witness and exhibit identification and materials to the same extent the government is obligated to do so under subsection (a)(8);

(11) determine whether the parties will stipulate to any facts that are not in dispute;

(12) establish a date for a final pretrial conference, to be held not more than 7 days before the trial date, to resolve any matters that must be decided before trial, unless all parties advise the court that such a conference is not necessary and the district judge concurs.

(b) Special Orders. The district judge who will preside at trial may, upon motion of a party or on the judge's own initiative, modify any of the requirements of subsection (a) of this rule in the interests of justice.

(c) Interim Pretrial Conferences. If, at the conclusion of the initial pretrial conference, a reliable trial date cannot be established, or if a trial date is established but later continued by the court, the court shall schedule an interim status conference at which the district judge, in consultation with the parties, must determine the time remaining under the Speedy Trial Act before which trial must begin and must adjust, as needed, the scheduling dates called for by subsections (a)(4)-(12).

Adopted September 8, 1998; effective December 1, 1998; amended effective December 1, 2009; February 1, 2012.