Local Rule LR Cr P 16.01: Pretrial Discovery and Inspection

LR Cr P 16.01. Pretrial Discovery and Inspection.

(a) Do Not File Discovery With the Court: Parties shall not file discovery with the Court. Parties shall serve discovery on other parties to the criminal action and will file with the Court only the Certificate of Service.

(b) Standard Discovery Request Form: Pursuant to Fed. R. Crim. P. 16(a), counsel for the defendant may request standard discovery at arraignment or upon filing of an information or indictment.

(c) Reciprocal Discovery: If counsel for the defendant requests discovery under Fed. R. Crim. P. 16(a), the defendant must provide reciprocal discovery to the government under Fed. R. Crim. P. 16(b).

(d) Time for Government Response: The government must provide the standard discovery under Fed. R. Crim. P. 16(a) within seven (7) days of the standard discovery request.

(e) Reciprocal Discovery Response: The defendant must provide all reciprocal discovery due to the government within seven (7) days of receiving discovery materials from the government.

(f) Defense Discovery Request Deemed Speedy Trial Motion: Any request made by the defendant pursuant to this Rule will be deemed a motion under the provisions of the Speedy Trial Act, 18 U.S.C. § 3161, et seq.

(g) Duty to Supplement: All duties of disclosure and discovery under this Rule are continuing. The parties must produce any additional discovery as soon as they receive it, and in no event later than the time for such disclosure as required by law, rules of criminal procedure or order of the Court, and without the necessity of further request by the opposing party.

(h) Modification for Complex Cases:

(1) At any time after arraignment, the Court, on its own or upon motion by any party, and for good cause shown, may designate a case as complex.

(2) In all cases designated as complex, not later than seven (7) days following such designation, the parties shall confer to develop a Proposed Complex Case Schedule addressing the following:

(i) the scope, timing and method of the disclosures required by federal statute, rule or the United States Constitution, and any additional disclosures that will be made by the government;

(ii) whether the disclosures should be conducted in phases, and the timing of such disclosures;

(iii) discovery issues and other matters about which the parties agree or disagree, and the anticipated need, if any, for motion practice to resolve discovery disputes;

(iv) proposed dates for the filing of pretrial motions; and

(v) stipulations with regard to the exclusion of time for speedy trial purposes under 18 U.S.C. § 3161, et seq.

(3) The parties shall file the Proposed Complex Case Schedule no later than seven (7) days after conferring under this section.

(4) As soon as practicable after the filing of the Proposed Complex Case Schedule, the Court shall enter an order fixing the schedule for discovery, pretrial motions and trial, and determining exclusions of time under 18 U.S.C. § 3161, et seq., or shall conduct a pretrial conference to address unresolved scheduling and discovery matters.