(a) Complex Cases
(1) At any time after arraignment, the court on its own motion or on motion
by any party, and for good cause shown, may designate a case as complex.
(2) In all cases designated as complex, the parties must, within seven days
after the designation, meet and confer to develop a proposed complex case
schedule that addresses the following:
(A) The scope, timing, and method of the disclosures required by
federal statute, rule, or the United States Constitution, and any
additional disclosures that will be made by the government;
(B) Whether the disclosures should be conducted in phases, and the
timing of the disclosures;
(C) Discovery issues and other matters about which the parties agree or
disagree, and the anticipated need, if any, for motion practice to
resolve discovery disputes;
(D) Proposed dates for the filing of pretrial motions and for trial;
(E) Stipulations for the exclusion of time for speedy trial purposes
under 18 U.S.C. § 3161; and
(F) Electronic exchange or storage of documents.
(3) The parties must file the proposed complex-case schedule within seven
days after meeting and conferring under subsection 16-1(a)(2).
(4) As soon as practicable after the filing of the proposed complex-case
schedule, the court must enter an order fixing the schedule for discovery,
pretrial motions, and trial, and determining exclusions of time under 18
U.S.C. § 3161, or must conduct a pretrial conference to address
unresolved scheduling and discovery matters.
(b) Non-Complex Cases. In cases that are not designated as complex under
subsection 16-1(a), the parties must meet and confer to designate whether
discovery in the case will be governed by a joint discovery agreement or a
government disclosure statement.
(1) Joint Discovery Agreement
(A) The parties must meet and confer promptly to discuss the scope,
timing, and method of the disclosures required by section 16-
1(b)(1)(B) and any additional disclosures that the parties agree
upon. The parties must file a joint discovery agreement within
seven days after arraignment, unless the court orders otherwise.
The joint discovery agreement must set forth the scope, timing, and
method of the required disclosures and any additional disclosures
that the parties agree upon.
(B) In cases that will be governed by a joint discovery agreement, the
parties agree that:
(i) The government will disclose:
(a) All matters required by federal statute, rule, or the
United States Constitution; and
(b) Any investigative reports that describe facts relating
to charges in the indictment and any audio or video
recordings that relate to the charges in the
indictment, subject to any applicable work-product
protections, law-enforcement privileges, or
protective orders.
(ii) The defense will make any reciprocal disclosures required
by federal statute, rule, or the United States Constitution.
(C) In cases governed by a joint discovery agreement:
(i) All parties will be deemed to have made all requests,
demands, and reciprocal requests for discovery and any
notices required by statute, rule, or the United States
Constitution;
(ii) All discovery matters will be deemed to be governed by
LCR 16-1(b) and the joint discovery agreement;
(iii) The government must make the disclosures required by
federal statute, rule, or the United States Constitution
available within seven days after filing the joint discovery
statement;
(iv) The government must make all other disclosures to which it
has agreed available within the times set forth in the joint
discovery agreement;
(v) The defense must make its reciprocal disclosures available
to the government no later than 14 days before trial;
(vi) Both parties have a continuing duty to disclose; and
(vii) Neither party may withhold a disclosure subject to this rule
or the joint discovery agreement without providing the
other party with notice of the intention to withhold the
disclosure. The notice must describe the nature of the
disclosure being withheld and the basis on which it is being
withheld in sufficient detail to permit the opposing party to
file a discovery motion.
(2) Government Disclosure Statement
(A) In cases in which the parties have not entered into a joint discovery
agreement, the government must file a disclosure statement. In
these cases, within seven days after arraignment, the parties must
meet and confer about the timing, scope, and method of the
disclosures and reciprocal disclosures required by federal statute,
rule, or the United States Constitution, and any additional
disclosures that the government will make.
(B) Within seven days after the conference, but in no event more than
14 days after the date of arraignment, the government must file its
disclosure statement, which must include the following
information:
(i) The date on which the parties discussed the disclosure
statement, or an explanation of why a discussion has not
occurred;
(ii) The scope, timing, and method of the government’s
disclosures;
(iii) What, if any, disclosures the government has made
identified by bates number and when those disclosures
were made; and
(iv) The scope, timing, and method of any additional
disclosures that the government will make.
(c) Discovery Disputes. Before filing any motion for discovery, the attorney for the
moving party must meet and confer with the opposing attorney in a good-faith
effort to resolve the discovery dispute as defined by LR IA 1-3(f). Any motion
for discovery must contain a statement by the moving party’s attorney certifying
that, after personal consultation with the attorney for the opposing party, he or she
has been unable to resolve the dispute without court action.
