Cases.
The government and the defendant shall make available
discovery materials pursuant to Fed. R. Crim. P. 16 and 26.2 and
18 U.S.C. § 3500. This local rule shall not be construed as
obligating the government or the defendant to disclose materials
protected from disclosure by 18 U.S.C. § 3500 or Fed. R. Crim.
P. 16 or 26.2
(a) The Government's Duty. Requests for discovery required
by Fed. R. Crim. P. 16 are entered for the defendant by this
rule so that the defendant need not make any further requests
for such discovery. If the defendant does not request such
discovery, he or she shall file a notice to the government that
he or she does not request such discovery within five (5) days
after arraignment. If such a notice is filed, the government is
relieved of any discovery obligations to the defendant imposed
by this paragraph or Fed. R. Crim. P. 16. If the defendant does
not file such a notice, within seven (7) days after arraignment
unless otherwise ordered by the court or promptly upon
subsequent discovery, the government shall provide the defendant
the following:
1. All discovery required by Fed. R. Crim. P. 16(a);
2. Brady material, as it shall be presumed that
defendant has made a general Brady v. Maryland, 373 U.S. 83
(1963) request. Specific requests shall be made in writing to
the government or by motion.
3. Photographs used in any photograph line-up,
show-up, photospread, or any other identification proceeding, or
if no such photographs can be produced, the government shall
notify the defendant whether any such identification proceeding
has taken place and the results thereof;
4. Any search warrants and supporting affidavits that
resulted in the seizure of evidence that is intended for use by
the government as evidence in its case-in-chief at trial or that
was obtained from or belongs to the defendant; and
5. A statement as to whether the defendant was the
subject of any electronic eavesdrop, wiretap, or any other
communications of wire or oral interception as defined by 18
U.S.C. § 2510, et seq., in the course of the investigation of
the case.
(b) The Defense Duty. Unless the defendant has filed
notice that he or she does not request discovery under paragraph
(a) of this rule or Fed. R. Crim. P. 16, or unless otherwise
ordered by the court, within twenty-eight (28) days after the
government complies with its Fed. R. Crim. P. 16(a) obligation,
the defendant shall provide all discovery required by Fed. R.
Crim. P. 16(b).
(c) Notice of Insanity Defense. If a defendant intends to
assert the defense of insanity at the time of the alleged
offense, or intends to introduce expert evidence relating to a
mental disease, defect, or any other mental condition of the
defendant bearing on either: 1) the issue of guilt; or 2) the
issue of punishment in a capital case, the defendant shall give
written notice thereof to the government and file a copy of such
notice with the clerk within forty-two (42) days of arraignment,
unless additional time is granted by the court upon a showing of
good cause.
(d) Continuing Duty to Disclose. If, prior to or during
trial, a party discovers additional evidence or material
previously requested or ordered, which is subject to discovery
or inspection under this rule, the party shall promptly notify
the other party or the court of the existence of the additional
evidence or material.
(e) Sanctions for Failure to Comply with Request.
1. Against a Party. If at any time during the course
of the proceedings it is brought to the attention of the court
that a party has failed to comply with this rule, the court may
order such party to permit the discovery or inspection, grant a
continuance, prohibit the party from introducing evidence not
disclosed, or may enter such order as it deems just under the
circumstances.
2. Against an Attorney for a Party. If at any time
during the course of the proceedings it is brought to the
attention of the court that an attorney for a party has
unjustifiably failed to comply with this rule, which failure was
after a specific request for compliance with this rule by
opposing counsel specifically for the material which is the
subject of non-compliance, in addition to the sanctions imposed
against the party as provided above, the court may punish any
such counsel or attorney with a fine. The imposition of such a
fine is not to be deemed a finding of contempt.
(f) Statement of Witnesses.
1. Order of Production. Production of statements of
witnesses by the government and the defendant pursuant to Fed.
R. Crim. P. 26.2 and 18 U.S.C. § 3500 is hereby ordered.
2. Time of Production. Statements of witnesses
including material covered by Fed. R. Crim. P. 6 are to be
exchanged:
(i) During the time of trial as provided by Fed.
R. Crim. P. 26.2 and 18 U.S.C. § 3500 or,
(ii) At any time if the parties agree.
(g) Statements of Witnesses at Suppression Hearing.
Production of statements of witnesses at a hearing on a
motion to suppress evidence will be governed by Fed. R. Crim. P.
12(h).
(h) Impeachment Material.
1. Order of Production. The production of the
following is hereby ordered: Cooperation agreements, plea
agreements, impeachment material, promises of leniency, under
Giglio v. United States, 405 U.S. 150 (1972), and its progeny,
and records of criminal convictions which may be admissible
under Fed. R. Evid. 609.
2. Time of Production. Impeachment material under
this rule shall be provided as ordered by the court.
(i) Further Discovery Not Covered by This Rule.
1. Further Discovery. Discovery of all material not
ordered pursuant to this rule shall be by motion.
2. Time for Filing Further Discovery Motions.
(i) By the Defendant. Any defense motions for
additional discovery shall be filed no later than fourteen (14)
days after the date the government is required to comply with
its Fed. R. Crim. P. 16 obligation. Such motions may only be
filed after this time when (1) the motion sets forth the
specific facts and circumstances giving rise to good cause for
filing out of time, and (2) the court finds good cause is in
fact shown.
(ii) By the Government. Any government motions
for additional discovery shall be filed no later than fourteen
(14) days after the date the defendant is required to comply
with defendant’s Fed. R. Crim. P. 16 obligation. Such motions
may only be filed after this time when (1) the motion sets forth
the specific facts and circumstances giving rise to good cause
for filing out of time, and (2) the court finds good cause is in
fact shown.
