IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF MISSOURI
CENTRAL DIVISION
UNITED STATES OF AMERICA, )
)
Plaintiff, )
)
v. ) No. 2:00-CR-0000-ABC-00
)
DEFENDANT’S NAME, )
)
Defendant. )
ARRAIGNMENT, TRIAL SETTING, AND DISCOVERY ORDER
The Defendant has been arraigned and entered a plea of Not Guilty.
I. TRIAL SETTING
Date of Arraignment Date
Date of this Order Date
Pretrial Conference Date Date Requested
Joint Criminal Trial Docket Date Date Requested
Unless the Defendant has entered a plea of guilty, a motion to continue shall be filed, in
writing, five business days prior to the pretrial conference. The motion shall propose a new trial
date, state whether or not any other party opposes the motion, and provide a reason for the
continuance.
The Court will not schedule a change of plea hearing before Chief Magistrate Judge Epps
unless the party seeking to schedule the hearing represents that the defendant has consented to
having a Magistrate Judge preside over the hearing. Counsel must notify the Courtroom Deputy
of the Defendant’s intent to enter a plea of guilty before Judge Epps at least three (3) business days
prior to the pretrial conference. Absent extraordinary circumstances, the date of the pretrial
conference or, for Springfield cases, the last day Judge Epps is scheduled to be in Springfield prior
to the Joint Accelerated Criminal Jury Trial Docket, is the last day that Judge Epps will hold a
change of plea hearing. After the pretrial conference, a Defendant who wishes to enter a plea of
guilty may be directed to schedule the hearing before the District Judge to whom the case is
assigned. For requirements on setting a change of plea hearing, please see Judge Epps’ Standing
Order for Change of Plea (available at https://www.mow.uscourts.gov/judges/epps).
Prior to the start of the change of plea hearing, the final plea agreement and a written
consent to proceed before a Magistrate Judge are to be signed and emailed to Judge Epps’
Courtroom Deputy. If the documents are not completed prior to the change of plea hearing, the
change of plea hearing may be rescheduled before the District Judge to whom the case is assigned.
Neither a change of plea setting nor the filing of a pretrial motion will remove a case from the
Court’s trial docket.
II. DISCOVERY
At the arraignment, Defense Counsel requested all discovery to which the Defendant may
be entitled pursuant to the Federal Rules of Criminal Procedure, the Federal Rules of Evidence,
and the United States Constitution. The Government requested all reciprocal discovery to which it
is entitled pursuant to the Federal Rules of Criminal Procedure, the Federal Rules of Evidence, and
the United States Constitution. Counsel for the Government and the Defendant agreed to
voluntarily provide Jencks Act material at least ten days prior to trial. The Government stated that
this case will proceed via voluntary discovery. The following discovery deadlines apply unless
otherwise ordered by the Court.1
III. DISCOVERY PROVIDED BY THE GOVERNMENT
Within ten days from the date of this Order, the Government shall disclose or make
available for inspection, copying, or photographing to Defense Counsel, the following
information within the possession, custody and control of the Government or the existence of
which is known or by the exercise of due diligence may become known to the attorney for the
Government:
A. Convictions.
1. A copy of the prior criminal record of the Defendant, if any, which is within
the possession, custody, or control of the Government, the existence of
which is known, or by the exercise of due diligence may become known, to
the attorney for the Government.
2. A copy of the Defendant’s prior felony convictions which the Government
intends to use for impeachment.
B. Statements.
1
The disclosures required by this Order are subject to the continuing duty to disclose contained in Rule 16(c) of the
Federal Rules of Criminal Procedure.
1. Any written or recorded statement, or copy thereof, made by the Defendant
which is within the possession, custody, or control of the Government, the
existence of which is known, or by the exercise of due diligence may
become known, to the attorney for the Government.
2. The substance of any oral statement made by the Defendant whether before
or after arrest, to an attorney for the Government, a federal agent, or any
other law enforcement officer.
3. The recorded testimony of the Defendant before a Grand Jury which relates
to the offense charged.
C. Other Discovery.
1. Any books, papers, documents, photographs, tangible objects, buildings or
places, or copies or portions thereof, which are within the possession,
custody or control of the Government and which are material to the
preparation of the Defendant’s defense or are intended for use by the
Government as evidence-in-chief at the trial, or were obtained from or
belong to the Defendant.
2. Any results or reports of physical or mental examinations, and of scientific
tests or experiments, or copies thereof, which are within the possession,
custody or control of the Government, the existence of which is known, or
by the exercise of due diligence may become known, to the attorney for the
Government, and which are material to the preparation of the Defense or
are intended for use by the Government as evidence-in-chief at the trial.
D. Evidence Arguably Subject to Suppression.
1. Identify and provide a list of the physical or tangible evidence seized,
pursuant to a state or federal search warrant, consent of the Defendant or of
some other person or incident to the arrest of the Defendant and as to each
item described and identified provide the following:
a. The location from which the evidence was seized;
b. The date and time of the search and seizure;
c. The name and address of the person(s) making the seizure;
d. The name and address of any witness(es) to the seizures; and
e. In lieu of items (a)-(d), the Government can provide all reports
relating to any search and seizures within its possession, custody,
and control, the existence of which is known or by the exercise of
due diligence may become known to the attorney for the
Government.
2. Identify and list by date all electronic surveillance, including any court-
ordered interceptions of oral or wire communications, consensual
recordings of telephone conversations, body recorders, wiretaps, pen
registers or trap and trace devices, video cameras, or bank surveillance
cameras and provide the following:
a. All logs, notes, reports or other material relating to the electronic
surveillance;
b. Copies and transcripts, if transcribed, of any recorded conversations;
and
c. Copies of all videotape, including bank surveillance tapes.
3. Disclosure of any identification procedure of the Defendant that has been
used either by way of lineups or photographic or voice identification and
for each such procedure provide the following information:
a. The name and address of each identification witness;
b. The method of identification;
c. The specific items used in the identification procedure, i.e.,
photographs, tape recordings, etc.;
d. The date and location of the identification procedure;
e. The results of the identification procedure; and
f. Notes, memorandum, reports and records regarding the
identification procedure.
4. In lieu of items (a)-(f), the Government can provide all reports relating to
any identification procedure of the Defendant within its possession,
custody, and control, the existence of which is known or by the exercise of
due diligence may become known to the attorney for the Government.
IV. DISCOVERY PROVIDED BY THE DEFENDANT
A. Documents/Reports/Tests.
1. Upon compliance with the Government’s discovery obligations under
sections II.C.1. or II.C.2. above, the Defendant shall permit the Government
to inspect, copy, or photograph the following categories of material:
a. Any books, papers, documents, photographs, tangible objects, or
copies or portions thereof, which are within the possession, custody,
or control of the Defendant and which the Defendant intends to
introduce as evidence-in-chief at the trial.
b. Any results or reports of physical or mental examinations and of
scientific tests or experiments made in connection with the
particular case, or copies thereof, within the possession or control of
the Defendant, which the Defendant intends to introduce as
evidence-in-chief at the trial or which were prepared by a witness
whom the Defendant intends to call at the trial when the results or
reports relate to that witness’ testimony.
B. Alibi Evidence.
1. Within thirty days from the date of this Order, the Defendant shall serve
upon the Government a written notice of the Defendant’s intention to offer
a defense of alibi. Such notice shall state the specific place or places at
which the Defendant claims to have been at the time of the alleged offense
and the names and addresses of the witnesses upon whom the Defendant
intends to rely to establish such alibi.
2. Within ten days thereafter, but in no event less than ten days before
trial, the Government shall serve upon the Defendant a written notice
stating the names and addresses of the witnesses upon whom the
Government intends to rely to establish the Defendant’s presence at the
scene of the alleged offense and any other witnesses to be relied on to rebut
testimony of any of the Defendant’s alibi witnesses.
3. If prior to or during trial, a party learns of an additional witness whose
identity, if known, should have been included in the information furnished
above, the party shall promptly notify the other party of the existence and
identity of such additional witness.
V. EXPERT TESTIMONY
A. Rule 16(a)(1)(E) Experts.
1. No later than thirty days prior to the trial, the Government shall disclose
to the Defendant a written summary of testimony that the Government
intends to use under Rules 702, 703, or 705 of the Federal Rules of Evidence
during its case-in-chief at trial. The written summary should identify the
witnesses, describe the witnesses’ opinions, the bases and the reasons for
the opinions, and the witnesses’ qualifications.
2. No later than fourteen days prior to trial, the Defendant shall disclose to
the Government a written summary of testimony that the Defendant intends
to use under Rules 702, 703, or 705 as evidence at trial. The written
summary should identify the witnesses, describe the witnesses’ opinions,
the bases and the reasons for the opinions, and the witnesses’ qualifications.
B. Mental Health Experts/Evidence.
1. On or before twenty days from arraignment, the parties must file any
motion seeking to determine the Defendant’s mental competency, pursuant
to 18 U.S.C. § 4241.
2. On or before twenty days from arraignment, the Defendant shall file a
notice, in writing, which complies with the requirements of Rule 12.2 of the
Federal Rules of Criminal Procedure stating:
a. Whether the Defendant intends to rely upon the defense of insanity
at the time of the alleged offense; and
b. Whether the Defendant intends to introduce expert testimony
relating to a mental disease or defect or any other mental condition
of the Defendant bearing upon the issue of guilt.
3. If the Defendant gives notice under Rule 12.2(b) of an intent to present
expert testimony on the Defendant’s mental condition, on or before thirty
days prior to trial, the Defendant shall identify the experts and provide a
summary of the witnesses’ opinions, the bases and reasons for those
opinions and the witnesses’ qualifications.
4. If the Defendant complies with the requirements of IV.B.2. and IV.B.3., on
or before fourteen days prior to trial, the Government shall disclose to
the Defendant a written summary of testimony the Government intends to
use under Rules 702, 703, or 705 as evidence at trial on the issue of the
Defendant’s mental condition. The summary shall describe the witnesses’
opinions, the bases and the reasons for those opinions, and the witnesses’
qualifications.
VI. EVIDENCE FAVORABLE TO THE DEFENSE
A. Brady Evidence. Within ten days from the date of this order, the Government
is directed to disclose all exculpatory evidence—that is, evidence that favors the
Defendant or casts doubts on the United States’ case—as required by Brady v.
Maryland and its progeny. The Government also has an ongoing duty to provide
Brady material. If additional Brady material is discovered more than ten days after
the arraignment, such information should be disclosed promptly, but in any event
within ten days of the discovery of the additional Brady material. Failure to disclose
exculpatory evidence in a timely manner may result in consequences, including
exclusion of evidence, adverse jury instructions, dismissal of charges, contempt
proceedings, disciplinary action, or sanctions by the Court.
B. Giglio Impeachment Evidence. No later than ten days prior to trial, the
Government is directed to disclose all evidence which may tend to adversely affect
the credibility of any person called as a witness by the Government, pursuant to
Giglio v. United States and United States v. Agurs, including the arrest and/or
conviction record of each Government witness, any offers of immunity or lenience,
whether made directly or indirectly, to any Government witness in exchange for
testimony, and the amount of money or other remuneration given to any witness.
C. Entrapment Evidence. Within ten days from the date of this Order, the
Government is directed to provide discovery, inspection, and copying or
photographing of any information suggesting entrapment of the Defendant which
is within the possession, custody or control of the Government or the existence of
which is known or by the exercise of due diligence may become known to the
Government attorney.
D. Witness Inducements. No later than seven days prior to trial, the Government
is directed to provide written disclosure of: (a) the names(s) and address(es) of the
witness(es) to whom the Government has made a promise; (b) all promises or
inducements made to any witness(es); (c) all agreements entered into with any
witness(es); and (d) the amount of money or other remuneration given to any
witness(es).
E. Informants. Unless the Government has made a claim of privilege as to an
informant, the Government is directed to provide, no later than seven days prior
to trial: (a) the name(s) and address(es) of the informant(s); (b) all promises or
inducements to the informant(s); (c) all agreements entered into with the
informant(s); (d) the amount of money or other remuneration given to the
informant(s); (e) identification of the informant(s)’ prior testimony; (f) evidence of
psychiatric treatment; (g) evidence of the informant(s)’ narcotic habit; and (h) the
name, address and phone number for the lawyer(s) for the informant(s), if
represented by counsel. If an informant objects to the disclosure of his or her
address, the Government shall produce the informant to Defense Counsel for a
determination of whether or not the informant will consent to an interview. If the
informant refuses to appear, the United States shall provide a written statement to
that effect signed by the informant or informant’s counsel.
VII. PRETRIAL FILINGS
A. Pretrial Motions. On or before twenty days from the date of this Order, the
parties shall file any relevant pretrial motions. Any suggestions in opposition shall
be filed on or before ten days thereafter. For defendants who are represented by
counsel, the Court will only accept pretrial filings made by counsel. Pro se filings
will not be accepted for defendants who are represented by counsel.
1. Length of Suggestions. Suggestions in support or in opposition to a motion
shall be no longer than 20 double-spaced typewritten pages without
permission of the Court. Reply suggestions shall be limited to 15 double-
spaced pages, unless otherwise authorized by the Court.
B. Relevant Offense Conduct. Within ten days of trial or a change of plea hearing,
the Government is directed to disclose all information in its possession on which it
will rely to establish “relevant offense conduct” or to establish an upward departure
under the Federal Sentencing Guidelines.
C. Rule 404(b) Evidence. The Government is directed to provide written notice of all
prior and subsequent acts and convictions intended to prove knowledge, intent or
other elements identified in Rule 404(b) of the Federal Rules of Evidence no later
than seven days prior to trial.
D. Witness Lists. No later than ten days prior to trial, the Government is directed
to supply, in writing, witness lists which shall include the name and address of each
witness whom counsel intends to call in its case-in-chief, together with any record
of prior felony convictions for such witness. The Defendant is directed to supply,
in writing, no later than seven days prior to trial, witness lists which shall include
the name and address of each witness whom counsel intends to call in its case-in-
chief, together with any record of prior felony convictions for such witness. If a
new witness is discovered after counsel prepares the witness list, either prior to trial
or during trial, counsel shall promptly notify opposing counsel and provide the
discovery identified above.
E. Exhibit Lists. No later than ten days prior to trial, the Government is directed
to supply, in writing, exhibit lists which shall include a description of each exhibit
that counsel intends to offer in its case-in-chief. The Defendant is directed to
supply, in writing, no later than seven days prior to trial, exhibit lists which shall
include a description of each exhibit that counsel intends to offer in its case-in-
chief. All exhibits must be numbered with Arabic numbers and no sub-parts.
Specifically, exhibits must be numbered 1, 2, 3, 4, etc. No exhibits numbered
1A, 1B, 2A, 2B, etc., will be permitted.
F. Motions in Limine. No later than seven days prior to trial, the parties should
file any motions in limine seeking to exclude evidence from trial. (Once the motion
is filed, copies should be faxed to opposing counsel and the Court.) Any suggestions
in opposition to the motions in limine should be filed within three days after the
motion is filed.
G. Stipulations. Any proposed stipulations should be provided, in writing, to
opposing counsel and the Court no later than seven days prior to trial.
VIII. WITNESS ADDRESSES
In lieu of providing the address of any witness required by this Order, counsel for the
Government or the Defendant may produce the witness for interview by opposing counsel.
IX. TIME CALCULATIONS
All time calculations are governed by the Federal Rules of Criminal Procedure.
IT IS SO ORDERED.
Willie J. Epps, Jr.
Willie J. Epps, Jr.
Chief United States Magistrate
