(A) Within 7 days after the arraignment in any criminal case, the United States Attorney
and the attorney(s) for the defendant(s) will confer, and, will comply with Federal
Rule of Criminal Procedure 16.
(B) If, in the judgment of the United States Attorney, it would not be in the interests of
justice to make any one or more disclosures as set forth in Section (A) as requested
by counsel for the defendant(s), disclosure may be declined. A declination of any
requested disclosure must be in writing directed to counsel for defendant(s), and
signed by the Assistant United States Attorney in charge of the prosecution, and
must specify the disclosure that is declined. A defendant seeking to challenge the
declination will proceed pursuant to Section (D) below.
(C) If additional discovery or inspection is sought, attorney(s) for the defendant(s) will
confer with the appropriate Assistant United States Attorney within 14 days of the
arraignment (or such later time as may be set by the presiding judge for the filing
of pretrial motions) with a view to satisfying those requests in a cooperative
atmosphere without recourse to the Court. The request must be in writing, and the
United States Attorney will respond in a like manner.
(D) In the event a defendant thereafter moves for additional discovery or inspection, a
motion to compel discovery supported by a brief must be filed within 14 days of
the arraignment (or such later time as may be set by the presiding judge for the
filing of pretrial motions). It must contain:
(1) the statement that the prescribed conference was held;
(2) the date of the conference;
(3) the name of the Assistant United States Attorney with whom the conference
was held; and
(4) the statement that agreement could not be reached concerning the discovery
or inspection sought.
