Local Rule Criminal L. R. 12: Pretrial Conferences; Motions; Evidentiary Hearings; Expanded Discovery Policy

Criminal L. R. 12. Pretrial Conferences; Motions; Evidentiary Hearings; Expanded Discovery Policy.

(a) Pretrial Conferences.

(1) In any case that appears unusually complex, by reason of the number of parties, the novelty of legal or factual issues presented, the volume of discovery materials, or other factors peculiar to that case, the government must notify the Clerk of Court when the indictment or information is filed that the case may be appropriate for a pretrial scheduling conference pursuant to Fed. R. Crim. P. 17.1. If the government has not suggested a pretrial scheduling conference, a defendant may do so upon learning that the case may be unusually complex.

(2) A pretrial scheduling conference pursuant to Criminal L. R. 12(a)(1) and Fed. R. Crim. P. 17.1 may be set by the judge conducting the arraignment, by the judge assigned to pretrial proceedings, or by the judge assigned to preside over the trial of the case. At a pretrial scheduling conference, the Court may inquire as to the parties' discussions pursuant to Criminal L. R. 16.1 and may set deadlines for filing pretrial motions, briefing, discovery and disclosure by all parties, hearings, trial, or any other dates that will further the ends of justice.

(3) In cases in which there will be no pretrial scheduling conference under Criminal L. R. 12(a)(1), if the government is following its Expanded Discovery Policy, the government must make available to the defense all information known to the government or in the government's possession falling within the scope of Criminal L. R. 16(a)(2). If the government is not following its Expanded Discovery Policy, the government must make available to the defense all information within the scope of Fed. R. Crim. P. 16(a)(1) (other than material falling within Fed. R. Crim. P. 16(a)(1)(G)). In all cases for which there will be no pretrial scheduling conference, the government must undertake its best efforts to make as much discovery available as possible at arraignment or within 5 days after arraignment. The government has a continuing duty to disclose discoverable material as it becomes available. If the defense accepts disclosure from the government under this rule, the defense is bound to the provisions of Fed. R. Crim. P. 16(b).

(b) Motions.

(1) Absent a court order, all motions raising any issue described in Fed. R. Crim. P. 12(b)(3) must be filed within 20 days after arraignment on an indictment. Every motion must state the statute or rule pursuant to which it is made and must be accompanied by a supporting memorandum and, when necessary, affidavits or other documents; or a certificate of counsel stating that no brief or other supporting documents will be filed.

(2) Non-Movant's Response. Absent a court order, the non-movant may have 10 days from the date the motion is due to file a memorandum or other materials in response to any such motion. If the non-movant does not intend to file a response, the non-movant must file a statement that so indicates.

(3) Movant's Reply. Absent a court order, the movant may have 5 days from the date the response is due to file any reply.

(4) If any motion seeks an evidentiary hearing, Criminal L. R. 12(c) applies and the movant is not required to file a supporting memorandum of law with the motion. If the movant does not seek an evidentiary hearing, any supporting memorandum of law must be filed by the movant with the motion.

(c) Evidentiary Hearing. If a motion seeks an evidentiary hearing, the movant must provide in the motion a short, plain statement of the principal legal issue or issues at stake and specific grounds for relief in the motion and, after a conference with the non-movant, provide a description of the material disputed facts that the movant claims require an evidentiary hearing. The movant also must provide an estimate of the in-court time necessary for the hearing. The non-movant may file a response opposing an evidentiary hearing within 3 days after filing of a movant's motion seeking an evidentiary hearing. The non-movant's response must include a short, plain statement of why that party believes that an evidentiary hearing is unnecessary.