(a) In General.
A discovery motion in a criminal action (Fed. R. Crim. P. 16) shall state that
a request for discovery and inspection was made and denied. Parties must
also certify that they have conferred and made a good faith effort to resolve
discovery disputes prior to the filing of any discovery motions.
(b) Criminal Pretrial Conference.
The attorney for the government shall arrange and conduct a pretrial
conference with the defendant’s attorney within 21 days after indictment or
initial appearance (whichever comes later) or within such other time as
ordered by the court. At the pretrial conference and upon the request of the
defendant’s attorney, the government shall permit the defendant’s attorney:
(1) to inspect and copy all discoverable evidence under Rule 16 of the
Federal Rules of Criminal Procedure;
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(2) to inspect, copy or photograph any relevant written or recorded
statements or confessions made by the defendant, or copies thereof,
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;
(3) to inspect and copy or photograph any relevant results or reports of
physical or mental examinations, and of scientific tests or
experiments made in connection with the case, or copies thereof,
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;
(4) to inspect and copy or photograph any relevant recorded testimony
of the defendant before a grand jury;
(5) to inspect and copy or photograph books, papers, documents,
tangible objects, buildings or places which are the property of the
defendant and which are within the possession, custody or control
of the government;
(6) to inspect and copy or photograph the Federal Bureau of
Investigation Identification Sheet indicating defendant’s prior
criminal record; and
(7) to inspect, copy or photograph any exculpatory evidence.
(c) Discovery from Defendant.
After discovery has been provided by the government, and upon request of
the government, the defendant shall permit the government to inspect any
copy of all discoverable evidence under Rule 16(b) of the Federal Rules of
Criminal Procedure.
(d) Exchange of Discovery by Mail.
The government and the defendant , in lieu of the conference, may agree to
exchange discovery material by mail without the conference referenced in
Local Criminal Rule 16.1(b).
(e) Duty of Disclosure.
Any duty of disclosure and discovery set forth in Local Criminal Rule 16.1
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is a continuing one, and the government and the defendant shall produce
voluntarily any additional relevant information gained by either of them.
