Local Rule 440: PRETRIAL DISCOVERY AND INSPECTION

RULE 440 (Fed. R. Crim. P. 16)

PRETRIAL DISCOVERY AND INSPECTION

(a) Initial Disclosure. Upon request of the defendant and unless otherwise ordered by the Court, all discovery required by Fed. R. Crim. P. 16(a)(1)(A), (B), (C), (D), (E) and (G) to be provided by the Government shall be provided in the manner set forth in the Rule within fourteen (14) days from the date of arraignment.

(b) Discovery of Reports. All discovery of reports of examination or tests, as provided for in Fed. R. Crim. P. 16(a)(1)(F), shall, when in possession of government counsel, be made in conformance with the preceding paragraph, and when not in government counsel's possession, as soon as reasonably possible after the expiration of the fourteen (14) day period. In no event shall the Government fail to disclose such reports at least seven (7) days before the trial confirmation/pretrial conference.

(c) Discovery from Defendant. Unless otherwise ordered by the Court, all discovery required by Fed. R. Crim. P. 16(b) to be provided by the defendant shall be provided within twenty-one (21) days from the request for such discovery.

(d) Continuing Duty. The duty of the Government and the defendant to provide discovery under this Rule is a continuing one. Upon failure to provide discovery and inspection as required by this Rule, the Government or the defendant or counsel may be subject to sanctions as set forth in L.R. 110.