Local Rule LCrR 16.01: DISCOVERY AND INSPECTION

LCrR 16.01 – DISCOVERY AND INSPECTION

(a) Discovery in Criminal Cases.

(1) Generally. Unless an extension of time is agreed to, no later than fourteen (14) days after the date (or effective date) of arraignment, subsections (A), (B), and (C) shall be complied with.

(A) Automatic Discovery. The government shall provide the discovery identified in Fed. R. Crim. P. 16(a)(1)(A)–(F). No formal request by the defendant is necessary to trigger this obligation. If, however, the defendant accepts production of such discovery, then his or her acceptance will be deemed to trigger the defendant's reciprocal discovery obligations under Fed. R. Crim. P. 16(b)(1)(A) and (B).

(B) Aggrieved Person. The government shall state whether the defendant was an aggrieved person, as defined in 18 U.S.C. § 2510(11), of electronic surveillance, and if so, shall set forth in detail the circumstances thereof.

(C) Documents Relating to Identification of the Defendant. In any case involving a lineup, showup, photospread, or similar identification proceeding, the government shall provide the defendant with all relevant documents relating to the proceeding, including any pictures used.

(2) Expert Disclosure. The expert witness disclosure obligations of the government and the defendant are governed by Fed. R. Crim. P. 16(a)(1)(G) and Fed. R. Crim. P. 16(b)(1)(C).

(3) Exculpatory and Impeachment Information and Material. The government shall provide exculpatory and impeachment information and material to the defendant at the following times, absent the issuance of a protective order by the Court:

(A) Information and material that is exculpatory within the meaning of Brady v. Maryland, 373 U.S. 83 (1963), and its progeny must be disclosed reasonably promptly upon discovering it.

(B) Information and material that is impeaching within the meaning of Giglio v. United States, 405 U.S. 150 (1972), and its progeny must be disclosed within a reasonable time before trial to allow the trial to proceed efficiently.

(C) In making these disclosures, the government is expected to take a broad view of what constitutes exculpatory and impeachment information.

(4) Informant's Prior Record. The government shall obtain the record of prior convictions of any alleged informant who will testify for the government at trial so that the record will be available to the defendant at trial.

(5) FRE 404(b) Evidence. The government shall advise the defendant of its intention to introduce during its case in chief evidence pursuant to Fed. R. Evid. 404(b). This disclosure shall be made sufficiently in advance of trial that the defendant may prepare to object to and/or counter such evidence.

(6) Independent Chemical Analysis. Upon request, the government shall deliver to any chemist selected by the defense, who is presently registered with the Attorney General in compliance with 21 U.S.C. §§ 822 and 823, and 21 C.F.R. § 3101, a sufficient representative sample of any alleged contraband that is the subject of the indictment, to allow independent chemical analysis of such sample with appropriate safeguards for the preservation of evidence.

(7) Inspection. Upon request, the government shall permit the defendant, his counsel, and any experts selected by the defense to inspect any automobile, vessel, or aircraft in the custody or control of the government that allegedly was utilized in the commission of any offenses charged. Government counsel shall, if necessary, assist defense counsel in arranging such inspection at a reasonable time and place, by advising the government authority having custody of the thing to be inspected that such inspection has been ordered by the Court.

(8) Independent Expert Examination. Upon request, the government shall provide the defense, for independent expert examination, copies of all latent fingerprints or palm prints and all DNA evidence identified by a government expert as those of the defendant.

(9) Preservation. The government shall advise its agents and officers involved in the case to preserve all rough notes in whatever form.

(10) Insanity Defense. If the defendant intends to rely upon the defense of insanity at the time of the alleged crime, or intends to introduce expert testimony relating to a mental disease, defect, or other condition bearing upon the issue of whether the defendant had the mental state required for the offense charged, the defendant shall give written notice thereof to the government sufficiently in advance of the trial that the government may obtain proof to oppose such a defense.

(11) Continuing Duty. It shall be the continuing duty of counsel for both sides to immediately reveal to opposing counsel all newly discovered information or other material as to which disclosure is required by this Rule.

(12) Stipulations. The parties shall make every possible effort in good faith to stipulate to all facts or points of law the truth and existence of which is not contested and the early resolution of which will expedite the trial.

(b) Motions Related to Discovery. Discovery motions shall not be filed unless the parties are unable to reach an agreement after good faith consultation between counsel. Motions regarding discovery shall be filed within fourteen (14) days after a discovery request is denied or the discovery is otherwise due pursuant to LCrR 16.01, Fed. R. Crim. P. 16 or order of the Court. A response shall be filed within seven (7) days after the motion is filed and served, unless the Court orders otherwise.