(a) Initial Pretrial Conference. Within 14 days of receiving the magistrate judge’s final status
report, or at the earliest practicable time before trial consistent with the Speedy Trial Act,
the district judge to whom the case is assigned must conduct a Rule 11 hearing, if the
defendant has requested one, or else must convene an initial pretrial conference, which
counsel who will conduct the trial must attend. At the initial pretrial conference the district
judge must:
(1) determine the number of days remaining before trial must begin under the Speedy
Trial Act;
(2) confirm that all discovery has been produced, all discovery disputes have been
resolved, and all pretrial motions under Fed. R. Crim. P. 12(b) have been filed and
briefed, and schedule any necessary hearings or additional briefing on any pretrial
motions under Fed. R. Crim. P. 12(b);
(3) establish a reliable trial date, which should not, except upon motion of the
defendant, be less than 30 days after any evidentiary hearing on a pretrial motion
under Fed. R. Crim. P. 12(b);
(4) unless the declination procedure provided by L.R. 116.6 has previously been
invoked, order the government to disclose to the defendant no later than 21 days
before the trial date:
(A) the exculpatory information identified in L.R. 116.2 (b)(2); and
(B) a general description (including the approximate date, time and place) of
any crime, wrong, or act the government proposes to use pursuant to Fed.
R. Evid. 404(b);
(5) determine whether the parties have furnished statements, as defined by 18 U.S.C. §
3500(e) and Fed. R. Crim. P. 26.2(f), of witnesses they intend to call in their cases-
in-chief and, if not, when they propose to do so;
(6) determine whether any party objects to complying with the presumptive timing
directives of subsections (a)(8) and (a)(9) for the disclosure of witnesses and
identification of exhibits and materials. If any party expresses an objection, the
court may decide the issues(s) presented at the initial pretrial conference or may
order briefing and/or later argument on such issue(s);
(7) establish a schedule for the filing and briefing of possible motions in limine and for
the filing of proposed voir dire questions, proposed jury instructions, and, if
appropriate, trial briefs;
(8) unless an objection has been made pursuant to subsection(a)(6), order that at least
7 days before the trial date the government must:
(A) provide the defendant with the names and addresses of witnesses the
government intends to call at trial (i) in its case-in-chief, and (ii) in its
rebuttal to the defendant’s alibi defense (if the defendant serves a L.R.
12.1(a)(2) notice). If the government subsequently forms an intent to call
any other witness, the government shall promptly notify the defendant of
the names and address of that prospective witness. The government shall
not, however, provide the defendant the addresses of any victims whom it
intends to call in its rebuttal to the defendant’s alibi defense (if the defendant
serves a L.R. 12.1(a)(2) notice) except pursuant to subsection (a)(9).
(B) provide the defendant with copies of the exhibits and a premarked list of the
exhibits the government intends to use in its case-in-chief. If the government
subsequently decides to offer any additional exhibit in its casein-chief, the
government shall promptly provide the opposing party with a copy of the
exhibit and a supplemental exhibit list;
(9) if the defendant establishes a need for the address of a victim the government
intends to call as a witness in its rebuttal to the defendant’s alibi defense (if the
defendant serves a L.R. 12.1(a)(2) notice), the court may:
(A) order the government to provide the information in writing to the defendant
or the defendant’s attorney; or
(B) fashion a reasonable procedure that allows preparation of the defense and
also protects the victim’s interests.
(10) unless an objection has been made pursuant to subsection (a)(6), order that at least
7 days before the trial the defendant must provide the government with witness and
exhibit identification and materials to the same extent the government is obligated
to do so under subsection (a)(8);
(11) determine whether the parties will stipulate to any facts that are not in dispute;
(12) establish a date for a final pretrial conference, to be held not more than 7 days before
the trial date, to resolve any matters that must be decided before trial, unless all
parties advise the court that such a conference is not necessary and the district judge
concurs.
(b) Special Orders. The district judge who will preside at trial may, upon motion of a party
or on the judge’s own initiative, modify any of the requirements of subsection (a) of this
rule in the interests of justice.
(c) Interim Pretrial Conferences. If, at the conclusion of the initial pretrial conference, a
reliable trial date cannot be established, or if a trial date is established but later continued
by the court, the court shall schedule an interim status conference at which the district
judge, in consultation with the parties, must determine the time remaining under the Speedy
Trial Act before which trial must begin and must adjust, as needed, the scheduling dates
called for by subsections (a)(4)-(12).
Adopted September 8, 1998; effective December 1, 1998; amended effective December 1, 2009;
February 1, 2012.
