(a) Policy. It is the court's policy to rely on the standard discovery procedure as set forth in
this rule as the means of the exchange of discovery in criminal cases except in
extraordinary circumstances. This rule is intended to promote the efficient exchange of
discovery without altering the rights and obligations of the parties, but at the same time
eliminate the practice of routinely filing perfunctory and duplicative discovery motions.
(b) Initial disclosures.
(1) Disclosures by the Government. Seven (7) days after arraignment, the Government
shall provide to the defendant, or make available for inspection, copying or photocopying
all of the following:
(A) Fed. R. Crim. P. 16(a) Information. All discoverable information within the
scope of Federal Rule of Criminal Procedure 16(a).
(B) Brady Material. All information and material known to the government
which may be favorable to the defendant on the issues of guilt or punishment
within the scope of Brady v. Maryland, 373 U.S. 83 (1963).
(C) Defendant’s identification. If a line-up, show-up, photo spread or similar,
procedure was used in attempting to identify the defendant, the procedure
implemented.
(D) Inspection of vehicles, vessels, or aircraft. If a vehicle, vessel, or aircraft that
was allegedly used in the commission of an offense charged is in the custody of a
governmental authority, the government shall permit the defendant's counsel and
any expert selected by the defense to inspect it.
(E) Fed. R. Evid. 404(b). If the government intends to introduce evidence listed
in Federal Rule of Evidence 404(b) in its case in chief at trial, the government
shall advise the defendant accordingly.
(F) Electronic Surveillance Information. If the defendant is an “aggrieved
person” as defined in 18 U.S.C. § 2510(11), the government shall notify the
defendant of such and inform the defendant of the detailed circumstances thereof.
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(G) Search warrants and supporting affidavits. The Government shall provide the
defendant with any search warrants and supporting affidavits that resulted in the
seizure of evidence that the government intends to introduce in its case in chief at
trial or that was obtained from or belongs to the defendant.
The Government shall file a motion requesting an extension of time or other relief for
good cause in the event the Government is unable to provide discovery in accordance
with this subparagraph.
(2) Obligations of the Government.
(A) The Government shall anticipate the need for and arrange for the
transcription of the grand jury testimony of all witnesses who will testify in the
government’s case in chief, if subject to Federal Rule of Criminal Procedure 26.2
and 18 U.S.C. § 3500. Jencks Act materials and witnesses’ statements shall be
provided as required by Federal Rule of Criminal Procedure 26.2 and 18 U.S.C. §
3500. However, the government, and where applicable, the defendant, are
requested to make such materials and statements available to the other party
sufficiently in advance so as to avoid delays or interruptions at trial. Although
the court suggests an early disclosure of Jencks Act materials, this should not be
construed as requiring the government or the defendant to disclose materials
expressly protected from disclosure under 18 U.S.C. § 3500 or Federal Rules of
Criminal Procedure 16 or 26.2.
(B) No later than two weeks prior to the start of trial, the government shall
disclose to the defendant the existence and substance of any payments, promises
of immunity, leniency, preferential treatment, or other inducements made to
prospective witnesses, within the scope of United States v. Giglio, 405 U.S. 150
(1972).
(C) No later than two weeks prior to the start of trial, the government shall
provide to the defendant a record of prior convictions of any alleged informant
who will testify for the government at trial.
(D) The government shall advise all government agents and officers involved in
the case to preserve all rough notes.
(E) The government shall, in good faith, advise the defendant in writing if it is
unable to comply with the time deadlines set forth in subparagraph (b)(1).
(3) Disclosures by the Defendant. If the defendant accepts disclosure of discoverable
information pursuant to Federal Rule of Criminal Procedure 16(a), the defendant shall
provide the government with all discoverable information within the scope of Federal
Rule of Criminal Procedure 16(b) within fourteen (14) days after the government
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complies with discovery pursuant to subparagraph (b)(1).
(c) Continuing duty to disclose. The provisions of Federal Rule of Criminal Procedure 16(c)
are applicable. It shall be the duty of counsel for all parties to immediately reveal to
opposing counsel all newly discovered information, evidence, or other material within the
scope of Rule 16. The court emphasizes that there is a continuing duty upon each
attorney to disclose expeditiously.
(d) Motions for discovery. An attorney shall not file a discovery motion without first
communicating with opposing counsel. Absent good cause shown, the court will not
consider a discovery motion unless it is accompanied by a certification of such
conference and a statement of the moving party’s good faith efforts to resolve the subject
matter of the motion by agreement with opposing counsel. An attorney may not file a
discovery motion for information or material within the scope of Federal Rule of
Criminal Procedure 16 unless it is a motion to compel, a motion for protective order, or a
motion for an order modifying discovery.
