UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
DIVISION
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STANDING DISCOVERY ORDER
The court ORDERS that, except as to those paragraphs below in which a different time is provided,
the parties, on or before Wednesday, January 06, 2021, shall confer and the following shall be
accomplished:
A. The government shall permit the defendant to inspect and copy the following items or
copies thereof, or supply copies thereof, which are within the possession, custody, and/or control
of the government, or the existence of which is known or by the exercise of due diligence may
become known to the attorney for government:
1. The substance of any oral statement(s) made by the defendant before or after his
or her arrest in response to interrogation by a person then known by the defendant to be a
government agent which the government intends to offer in evidence at trial.
2. Written and/or recorded statements made by the defendant; provided, however,
that the government may file a sealed ex parte motion for a protective order to be relieved of the
obligation to provide statements of the defendant where the statement does not relate to this
prosecution, but does relate to an ongoing investigation, the existence of which will be
compromised by production of the statement.
3. Recorded grand jury testimony of the defendant relating to the offense(s)
charged.
4. The defendant’s arrest and conviction records.
5. Books, papers, documents, data, audio or video tapes, photographs, tangible
objects, buildings, or places which the government intends to use as evidence at trial to prove its
case in chief, or were obtained from or belong to the defendant.
6. Results and/or reports of physical or mental examinations, and of scientific tests
and/or experiments, or copies thereof, which are material to the preparation of the defense or are
intended for use by the government in its case-in-chief at trial.
B. Within ten (10) days after receipt by the defendant of materials from the government
responsive to paragraphs A(5) and (6), above, the defendant shall permit the government to inspect
and copy the following items, or copies thereof, or supply copies thereof, which are within the
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possession, custody, and/or control of the defendant, the existence of which is known or by the
exercise of due diligence may become known to the defendant:
1. Books, papers, documents, data, audio or video tapes, photographs, tangible
objects, buildings, or places which the defendant intends to use in defendant’s case-in-chief at trial.
2. Any results or reports of physical or mental examinations and scientific tests or
experiments made in connection with this case which the defendant intends to use in the
defendant’s case-in-chief at trial, or which were prepared by a defense witness and the report
relates to the witness’s testimony.
C. 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 he/she had the mental state required for the offense
charged, he/she shall give written notice thereof to the government in accordance with Rule 12.2
of the Federal Rules of Criminal Procedure not later than Tuesday, January 12, 2021.
D. Pursuant to the Due Process Protections Act, the Court confirms the United States’
obligation to disclose to the defendant all exculpatory evidence-that is, evidence that favors the
defendant or casts doubt on the United States’ case, as required by Brady v. Maryland, 373 U.S.
83 (1963) and its progeny, and ORDERS the United States to do so. The government has a duty
to disclose any evidence that goes to negating the defendant’s guilt, the credibility of a witness, or
that would reduce a potential sentence. The defendant is entitled to this information without a
request. Failure to disclose exculpatory evidence in a timely manner may result in consequences,
including, but not limited to, exclusion of evidence, adverse jury instructions, dismissal of charges,
contempt proceedings, disciplinary action, or sanctions by the Court.
E. The government shall timely disclose to the Defendant, the existence and substance of
any payments, promises of immunity, leniency, or preferential treatment, made to any prospective
government witnesses, within the scope of United States v. Roviaro, 353 U.S. 53 (1957), Napue v.
Illinois, 360 U.S. 264 (1959), and/or United States v. Giglio, 405 U.S. 150 (1972).
F. The government shall obtain the record of prior convictions admissible for purposes of
impeachment under Rule 609 of any alleged informant and/or cooperating witness, within the
scope of United States v. Roviaro, 353 U.S. 53 (1957), who will testify for the government at trial
so that the record will be available to the defendant when the informant or cooperating witness
testifies at trial.
G. The government shall state whether the defendant was identified in any lineup, show-
up, photo spread, or similar identification procedure, and shall produce any pictures utilized or
resulting therefrom.
H. The government shall advise its agents and officers involved in this case to preserve all
rough notes.
I. Unless the government otherwise moves for relief from this provision, it shall notify the
defendant a reasonable period of time before trial (but at least seven (7) days before trial) of its
intention to introduce evidence during its case in chief pursuant to Rule 404(b) Federal Rules of
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Evidence by filing under seal a description of such evidence or by delivering to defendant’s
counsel a non-public letter describing such evidence.
J. The government shall state whether the defendant was an aggrieved person, as defined
in Title 18, United States Code, Section 2510(11), with respect to any electronic surveillance, and
if so shall set forth in detail the circumstances thereof.
K. Upon written request by formal motion or letter to counsel for the government, the
government shall produce to the defendant a written summary of any testimony that the
government intends to use under Rules 702, 703, or 705 of the Federal Rules of Evidence during
its case-in-chief at trial. If the government receives notification from the defendant pursuant to
paragraph C, above, the government must produce to the defendant a written summary of
testimony the government intends to use under Rules 702, 703, or 705 of the Federal Rules of
Evidence as evidence at the trial on the issue of the defendant’s mental condition. The summary
provided under this section must describe the witness’s opinion(s), the bases and reasons for those
opinions, and the witness’s qualifications.
L. Upon written request by formal motion or letter to counsel for the government, the
government shall permit the defendant, his counsel, and any experts selected by the defense to
inspect any vehicle, vessel, or aircraft allegedly utilized in the commission of any offense charged,
government counsel shall, if necessary, assist defense counsel in arranging such inspection at a
reasonable time and place by advising the governmental authority having custody of the thing to
be inspected that such inspection has been ordered by the court.
M. Upon written request by formal motion or letter to counsel for the government, the
government shall provide the defense, for independent expert examination, copies of all latent
fingerprints or palm prints which have been identified by a government expert as those of the
defendant.
N. Upon written request by formal motion or letter to counsel for the government, the
government shall provide directly to a chemist or other expert retained by the defendant and
authorized by law to handle and possess controlled substances, reasonable samples of any
controlled substances or narcotics intended to be introduced as evidence or referred to by the
Government in its case-in-chief.
O. 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 are not contested and the early resolution of which
will expedite the trial.
Counsel for each side has a continuing duty to disclose to opposing counsel, as soon as is
practicable, all newly discovered information or other material within the scope of this Standing
Order.
Upon a sufficient showing, the court may at any time, upon motion properly filed, order
that the discovery or inspection provided for by this Standing Order be denied, restricted, deferred,
or expanded, or otherwise make such orders as are appropriate. The court expects, however, that
counsel for both sides shall make every good faith effort to comply with the letter and spirit of this
Standing Order.
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All pretrial motions concerning matters not covered or addressed by this Standing Order
must be filed not later than Tuesday, January 12, 2021 or, after such time, if filed with good
cause shown.
The court contemplates that certain cases will be too complex and/or otherwise unique for
such cases to come within the letter and spirit of this Standing Order and, therefore, will require
separate orders tailored to the unique needs of such cases. Therefore, not later than Tuesday,
January 12, 2021, either party, separately or jointly, may move to have a case deemed as
“complex” so as to be treated differently from cases generally covered by this Standing Order.
Further, upon giving advance Notice of Consideration to Move to Complex Case Status to the
parties, the court may designate any case previously subject to this Standing Order a “complex
case,” subjected to a separate order by the court.
DONE and ORDERED on January 12, 2021.
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UNITED STATES MAGISTRATE JUDGE
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