CRIMINAL APPENDIX
STANDING ORDER ON DISCOVERY
(Amended December 19, 2022)
In all criminal cases, it is Ordered:
(A) Initial Disclosure by the Government.
No later than 14 days after the arraignment, the attorney for the government and the
defendant’s attorney must confer and try to agree on a timetable and procedures for pretrial
disclosure under Rule 16. After the discovery conference, one or both of the parties may ask the
court to determine or modify the time, place, manner, or other aspects of disclosure to facilitate
preparation for trial.
If any agreement is reached, this agreement shall be reduced to writing and filed with the
Court by the government within 3 days of reaching the agreement.
(1) Information subject to disclosure.
Within 14 days after the arraignment or within the period established by the discovery
conference or otherwise established by the court, the attorney for the government shall furnish to
defense counsel copies, or allow defense counsel to inspect or listen to and record items which
are impractical to copy, of the following items within the government’s possession, custody, or
control, the existence of which is known or by the exercise of due diligence could be known to
the attorney for the government:
(a) the substance of any relevant oral statement, or the portion of any written record
containing it, made by the defendant, before or after arrest in response to interrogation by a
person the defendant knew was a government agent, if the government intends to use the
statement at trial;
(b) any relevant written or recorded statement by the defendant;
(c) the defendant’s recorded testimony before a grand jury relating to the charged
offense;
(d) for an organizational defendant, any statement by a person who is covered by
Rule 16(a)(1)(C);
(e) the defendant's prior criminal record;
(f) books, papers, documents, data, photographs, tangible objects, buildings or
places, or copies or portions of any of these items, which are material to preparing the
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defense or which the government intends to use in its case-in-chief at trial, or were obtained
from or belong to the defendant;
(g) results or reports of any physical or mental examinations and of any scientific
tests or experiments, if the item is material to preparing the defense or the government
intends to use the item in its case-in-chief;
(h) all warrants, applications, with supporting affidavits, testimony under oath,
returns, and inventories for the arrest of the defendant and for the search and/or seizure of
the defendant's person, property, things, or items with respect to which the defendant has
standing to move to suppress;
(i) all applications, orders, line sheets, and recordings obtained pursuant to Chapter
119 of Title 18 of the United States Code with respect to which the defendant has standing to
move to suppress;
(j) all information that may be favorable to the defendant on the issues of guilt or
punishment and that falls within the scope of Brady v. Maryland, 373 U.S. 83 (1963) and its
progeny;
(k) all information concerning the existence and substance of any payments,
promises of immunity, leniency, or preferential treatment, made to prospective government
witnesses, within the scope of United States v. Giglio, 405 U.S. 150 (1972), Napue v. Illinois,
360 U.S. 264 (1959) and their progeny;
(l) all information concerning the defendant's identification in any lineup, show up,
photospread or similar identification proceedings;
(m) all information related to other crimes, wrongs or acts of the defendant that will be
offered as evidence by the government at trial pursuant to Federal Rule of Evidence 404(b).
(2) Information Not Subject to Disclosure. Except as otherwise provided by law,
this Standing Order does not require the discovery or inspection of reports, memoranda, or other
internal government documents made by an attorney for the government or other government
agent in connection with investigating or prosecuting the case. Nor does this Standing Order
require the discovery or inspection of statements made by prospective government witnesses,
except as provided in 18 U.S.C. § 3500.
(3) Grand Jury Transcripts. This Standing Order does not apply to the discovery or
inspection of a grand jury’s recorded proceedings, except as to grand jury testimony by the
defendant.
(B) Disclosure by the Defendant.
(1) Information Subject to Disclosure. Within 14 days after the attorney for the
government provides the discovery required by Paragraph A, defense counsel shall:
(a) inform the attorney for the government in writing whether the nature of the
defense is (i) alibi, (ii) insanity, mental disease or defect or any other mental condition of the
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defendant bearing on either (A) the issue of guilt or (B) the issue of punishment in a capital
case, or (iii) acting under public authority at the time of the offense;
(b) furnish copies or allow the government to inspect or listen to and record items that
are impractical to copy, of the following items that are within the defendant’s possession,
custody or control:
(i) books, papers, documents, data, photographs, tangible objects, buildings
or places, or copies of portions of any of those items if the defendant intends to use the
item in his case-in-chief at trial;
(ii) results or reports of any physical or mental examinations and of any
scientific tests or experiments, if the defendant intends to use the item in the defendant’s
case-in-chief at trial, or intends to call the witness who prepared the report and the report
relates to the witness’s testimony.
(2) Information Not Subject to Disclosure. Except for scientific or medical reports,
this Standing Order does not require discovery or inspection of:
(a) reports, memoranda, or other documents made by the defendant, or the
defendant’s attorney or agent, during the case’s investigation or defense; or
(b) a statement made to the defendant, or the defendant’s attorney or agent, by:
(i) the defendant;
(ii) a government or defense witness; or
(iii) a prospective government or defense witness.
(C) Disclosure of Expert Witnesses.
(1) Government’s Disclosure
(a) Information Subject to Disclosure.
(i) Duty to Disclose. At the defendant’s request, the government must
disclose to the defendant, in writing, the information required by subparagraph (iii) for any
testimony that the government intends to use at trial under Federal Rules of Evidence
702, 703, or 705 during its case-in-chief, or during its rebuttal to counter testimony that
the defendant has timely disclosed under subparagraph (2)(a)(i). If the government
requests discovery under the second bullet point in subparagraph (2)(a)(i) and the
defendant complies, the government must, at the defendant’s request, disclose to the
defendant, in writing, the information required by subparagraph (iii) for testimony that the
government intends to use at trial under Federal Rules of Evidence 702, 703, or 705 on
the issue of the defendant’s mental condition.
(ii) Time to Disclose. Unless otherwise ordered, the Government’s disclosure
under this section shall be no later than 60 days before the final pretrial conference
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so as to allow sufficient time before trial to provide a fair opportunity for the defendant
to meet the government’s evidence.
(iii) Contents of the Disclosure. The disclosure for each expert witness must
contain:
Ɣ a complete statement of all opinions that the government will elicit
from the witness in its case- in-chief, or during its rebuttal to counter testimony
that the defendant has timely disclosed under subparagraph (2)(a)(i);
Ɣ the bases and reasons for them;
Ɣ the witness’s qualifications, including a list of all publications
authored in the previous 10 years; and
Ɣ a list of all other cases in which, during the previous 4 years, the
witness has testified as an expert at trial or by deposition.
(iv) Information Previously Disclosed. If the government previously provided a
report under subparagraph (A)(1)(g) that contained information required by subparagraph
(iii), that information may be referred to, rather than repeated, in the expert-witness
disclosure.
(v) Signing the Disclosure. The witness must approve and sign the disclosure,
unless the government:
Ɣ states in the disclosure why it could not obtain the witness’s
signature through reasonable efforts; or
Ɣ has previously provided under subparagraph (A)(1)(g) a report,
signed by the witness, that contains all the opinions and the bases and reasons
for them required by (iii).
(vi) Supplementing and Correcting a Disclosure. The government must
supplement or correct its disclosures in accordance with section (D).
(2) Defendant’s Disclosure.
(a) Information Subject to Disclosure.
(i) Duty to Disclose. At the government’s request, the defendant must
disclose to the government, in writing, the information required by subparagraph (iii) for
any testimony that the defendant intends to use under Federal Rule of Evidence 702,
703, or 705 during the defendant’s case-in- chief at trial, if:
Ɣ the defendant requests disclosure under subparagraph (1)(a)(i)
and the government complies; or
Ɣ the defendant has given notice under Rule 12.2(b) of an intent to
present expert testimony on the defendant’s mental condition.
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(ii) Time to Disclose. Unless otherwise ordered, the defendant’s disclosure
under this section shall be no later than 30 days before the final pretrial conference so as
to allow sufficient time before trial to provide a fair opportunity for the government to meet
the defendant’s evidence.
(iii) Contents of the Disclosure. The disclosure for each expert witness must
contain:
Ɣ a complete statement of all opinions that the defendant will elicit
from the witness in the defendant’s case-in-chief;
Ɣ the bases and reasons for them;
Ɣ the witness’s qualifications, including a list of all publications
authored in the previous 10 years; and
Ɣ a list of all other cases in which, during the previous 4 years, the
witness has testified as an expert at trial or by deposition.
(iv) Information Previously Disclosed. If the defendant previously provided a
report under section (B) that contained information required by subparagraph (iii), that
information may be referred to, rather than repeated, in the expert-witness disclosure.
(v) Signing the Disclosure. The witness must approve and sign the disclosure,
unless the defendant:
Ɣ states in the disclosure why the defendant could not obtain the
witness’s signature through reasonable efforts; or
Ɣ has previously provided under subparagraph (B)(1)(b)(ii) a report,
signed by the witness, that contains all the opinions and the bases and reasons
for them required by subparagraph (iii).
(vi) Supplementing and Correcting a Disclosure. The defendant must
supplement or correct the defendant’s disclosures in accordance with section (D).
(D) Continuing Duty to Disclose. It shall be the continuing duty of counsel for both sides to
reveal immediately to opposing counsel all newly-discovered material within the scope of this
Standing Order.
(E) Discovery Motions. Any motions related to discovery shall contain a certification that
counsel have conferred and that, after good faith efforts to resolve their differences on discovery,
they were unable to reach an accord.
(F) Compliance. The Court may, upon a showing of good cause, order the discovery
provided under this Standing Order be denied, restricted or deferred, or make such other order
as appropriate.
(G) Use of Discovery Material. Unless otherwise authorized by the Court or the party
producing discovery, and except for materials that were obtained from or belong to the party
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receiving discovery, a party shall not use any material that it receives as discovery from the
opposing party, except for the purposes of the criminal proceeding itself. For purposes of this
rule, the criminal proceeding includes proceedings in the district court, on appeal, or in a
collateral attack of any judgment arising from that criminal proceeding.
(H) Protected Discovery Material.
(1) Designation of Protected Discovery Material. The attorney for the government
may designate in writing that certain discovery material is “Protected Discovery Material” by
bates-stamp, letter, index or other clear manner. Protected Discovery Material means only
grand jury testimony and written or recorded statements of witnesses (other than by the
defendant as set forth in subparagraph (A)(1)(a)-(d) above), material filed under seal in any
court, reports drafted by law enforcement officers or agencies, material provided to the United
States by foreign law enforcement officers or agencies and/or material regarding such provision,
and material that has been classified. At any time, the Court may, for good cause, issue an
order regarding the designation, use, or scope of Protected Discovery Material.
(2) Custody of Protected Discovery Material. Unless otherwise authorized by the
Court or the party producing discovery, and except for materials that were obtained from or
belong to the party receiving discovery, counsel shall not provide copies of any Protected
Discovery Material to any persons, except that defense counsel may provide copies to persons
employed by defense counsel in connection with the investigation or defense of the case, and
the government may provide copies to law enforcement agents or persons employed by
government counsel in connection with the investigation and prosecution of the case. In
addition, any person receiving material under this provision from defense counsel, or the
government shall not provide copies of this Protected Discovery Material to any person.
(3) Public Disclosure of Protected Discovery Material. When a party believes it is
necessary to file any Protected Discovery Material, absent consent of the opposing party, that
party must comply with Local Criminal Rule 57(b) by moving to file the material under seal.
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