Local Rule 112.2: EXCLUDABLE DELAY PURSUANT TO THE SPEEDY TRIAL ACT
D. Mass. — Criminal rule
RULE 112.2 EXCLUDABLE DELAY PURSUANT TO THE SPEEDY TRIAL ACT
(a) Excludable Delay Generally. The court, having found that a fair and prompt resolution of criminal cases is best served by minimizing formal motion practices and establishing the system of discovery set forth in these local rules, has determined that the following periods of time may be excluded, under 18 U.S.C. §§ 3161(h)(1)(D) & (H) and (h)(7)(A), to serve the ends of justice in order to accomplish such purposes:
(1) the period from arraignment to the initial status conference conducted under L.R. 116.5(a), during which period the parties shall produce the automatic discovery required under L.R. 116.1(b) and (c) and develop their discovery plans, and defendants shall consider the need for pretrial motions under Fed. R. Crim. P. 12;
(2) no more than 14 days from the filing of a copy of a letter requesting discovery under L.R. 116.3(a);
(3) no more than 14 days from the date on which a written response to a letter requesting discovery under L.R. 116.3(a) is due to the filing of a motion seeking the discovery, provided that the party receiving the discovery request either refuses to furnish the requested discovery or fails to respond to the request, and the party requesting the discovery actually files a motion seeking discovery.
(b) Requirement of Order of Excludable Delay. The time periods indicated above will not be automatically excluded. All such periods of excludable delay must be included in an order issued by the judicial officer.
(c) Exclusion of Additional Periods. Nothing in this rule shall preclude the court from excluding additional periods of time as appropriate under 18 U.S.C. §3161(h).
(d) Procedure under Waiver of Automatic Discovery. If a defendant files the waiver provided under L.R. 116.1(b), all periods of excludable delay shall be calculated pursuant to the Speedy Trial Act without regard to the provisions of this local rule.
Adopted September 8, 1998; effective December 1, 1998; amended effective February 1, 2012.