(a) Excludable Delay Generally. The court, having found that a fair and prompt resolution of
criminal cases is best served by minimizing formal motion practices and establishing the
system of discovery set forth in these local rules, has determined that the following periods
of time may be excluded, under 18 U.S.C. §§ 3161(h)(1)(D) & (H) and (h)(7)(A), to serve
the ends of justice in order to accomplish such purposes:
(1) the period from arraignment to the initial status conference conducted under L.R.
116.5(a), during which period the parties shall produce the automatic discovery
required under L.R. 116.1(b) and (c) and develop their discovery plans, and
defendants shall consider the need for pretrial motions under Fed. R. Crim. P. 12;
(2) no more than 14 days from the filing of a copy of a letter requesting discovery under
L.R. 116.3(a);
(3) no more than 14 days from the date on which a written response to a letter
requesting discovery under L.R. 116.3(a) is due to the filing of a motion seeking
the discovery, provided that the party receiving the discovery request either refuses
to furnish the requested discovery or fails to respond to the request, and the party
requesting the discovery actually files a motion seeking discovery.
(b) Requirement of Order of Excludable Delay. The time periods indicated above will not
be automatically excluded. All such periods of excludable delay must be included in an
order issued by the judicial officer.
(c) Exclusion of Additional Periods. Nothing in this rule shall preclude the court from
excluding additional periods of time as appropriate under 18 U.S.C. §3161(h).
(d) Procedure under Waiver of Automatic Discovery. If a defendant files the waiver
provided under L.R. 116.1(b), all periods of excludable delay shall be calculated pursuant
to the Speedy Trial Act without regard to the provisions of this local rule.
Adopted September 8, 1998; effective December 1, 1998; amended effective February 1, 2012.
