Local Rule LCrR 16.1: DISCOVERY PROCEDURES IN CRIMINAL CASES

LCrR 16.1 DISCOVERY PROCEDURES IN CRIMINAL CASES Discovery procedures in criminal cases, pursuant to Fed. R. Crim. P. 16, will be as follows:

(a) Within 7 days after arraignment, any attorney seeking discovery shall make such a request in writing addressed to the United States Attorney and filed with the Clerk of Court. The request shall state specifically what items are being requested for discovery.

(b) The United States Attorney shall respond in writing to the request for discovery within 14 days. The response shall include the following:

(1) Identification of the date the request for discovery was received by the United States Attorney and the name of the attorney making the request.

(2) Specification of items, or reasonably specific categories of items, that are available for discovery. Copies of discoverable documents shall be enclosed with the response unless the number of such documents creates an unreasonable burden or expense, in which case the documents shall be made available for inspection and copying, at the defendant's expense, and the response shall indicate the time and place of the documents' availability. In addition, if discoverable items are not available in the United States Attorney's office, the United States Attorney shall notify any agents or witnesses who have control of the items of the necessity of making the items available for inspection and copying.

Note: If the defendant has been declared indigent by the district court, any costs associated with production of discovery shall be billed and paid for pursuant to CJA 21 or the procedures established by the Federal Defender's Office.

(3) A statement of the extent to which the United States attorney seeks reciprocal discovery under Fed. R. Crim. P. 16(b).

(c) Discovery Requests.

(1) If the United States Attorney requests reciprocal discovery, and defense counsel has reciprocal discovery, then defense counsel shall respond in writing at least 14 days before trial. The response shall be filed with the Clerk of Court. The response shall conform to the procedure set forth in LCrR 16.1(b)(1)-(2). If defense counsel is unable to provide a response within this time period, defense counsel shall email, to the ECF mail box of the presiding judicial officer an ex parte statement of reasons why this is not possible.

(2) Disclosure of Expert Witnesses: In response to the government's reciprocal discovery requests, if the defendant intends to call an expert witness at a pretrial hearing, the defendant shall notify the United States Attorney in writing at least 14 days before the pretrial hearing of the existence of the expert witness and shall provide a copy of the expert witness's report or a summary of the expert witness's anticipated testimony.

If the defendant intends to call an expert witness at trial, the defendant shall notify the United States Attorney in writing at least 28 days before trial of the existence of the expert witness and shall provide a copy of the expert witness's report or a summary of the expert witness's anticipated testimony. Only the written notification shall be filed with the Clerk of the Court via the Court's ECF system, while a copy of the expert's identification information and a copy of the expert's report or summary of the expert's anticipated testimony shall be delivered in writing to the United States Attorney concurrent with the notice or upon receipt, whichever is later.

(3) If the defendant is unable to provide a response within the time limits set in LCrR 16.1(c)(2), defense counsel shall e-mail, to the ECF box of the presiding judicial officer, at least 14 days before the pretrial hearing and at least 28 days before trial an ex parte statement of reasons why timely responses have not been possible.