a) Initial Discovery Conference.
(1) Timing. Unless otherwise ordered, no later than 14 days after the arraignment on the first
information or indictment filed in a matter as to a defendant, the attorney for the United
States and the defendant’s attorney must confer and try to agree on a timetable and
procedures for pretrial disclosure under Federal Rule of Criminal Procedure 16. Counsel
may confer in person, telephonically, or via email or other appropriate medium.
(2) Notice of Proposed Pretrial Discovery Timetable. Within five days of the completion
of the conference, the parties shall file a notice of proposed pretrial discovery timetable
identifying all agreed upon deadlines. The notice of proposed pretrial discovery timetable
must identify the subsection or subsections of discovery materials requested under
Federal Rule of Criminal Procedure 16 prior to the conclusion of the initial discovery
conference.
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(3) Effect of Filing Proposed Pretrial Discovery Timetable. Upon the filing of a notice of
proposed pretrial discovery timetable, the agreed upon deadlines for disclosing discovery
under Federal Rule of Criminal Procedure 16 specified in that notice shall be binding on
the parties, unless modified by the Court. Those deadlines shall extend only to subsections
of discovery materials requested under Federal Rule of Criminal Procedure 16 prior to
the conclusion of the initial discovery conference.
(4) Exception for Pro Se Defendants. Section (a) of this rule does not apply to pro se
defendants. Upon a discovery request and after providing the parties an opportunity to be
heard, the Court shall set discovery deadlines for pro se defendants. Those deadlines
apply only to discovery requested at the time the Court’s discovery scheduling order is
entered.
b) Default Deadline for Government Production of Federal Rule of Criminal Procedure
16 Discovery. Unless the Court sets a different deadline for discovery, a party files a motion
seeking a complex case designation, or the parties file a notice of proposed pretrial discovery
timetable specifying a different deadline, the United States shall satisfy whatever obligation
it may have under Federal Rule of Criminal Procedure 16(a), pursuant to a written discovery
request, within:
(1) 28 days of the discovery request, if that request was made after arraignment; or
(2) 28 days after arraignment, if the discovery request was made at, or prior to, arraignment.
c) Default Deadline for Defendant Production of Federal Rule of Criminal Procedure 16
Discovery. Unless the Court sets a different deadline for discovery, a party files a motion
seeking a complex case designation, or the parties file a notice of proposed pretrial discovery
timetable specifying a different deadline, a defendant shall satisfy whatever obligation he or
she may have under a subsection of Federal Rule of Criminal Procedure 16(b), pursuant to a
written discovery request made by the United States, within the later of 14 days after the
discovery request or 14 days after the United States’ deadline for disclosing discovery under
the corresponding subsection of Federal Rule of Criminal Procedure 16(a).
d) Superseding Information or Indictment.
(1) Prior Discovery Requests. If a new information or indictment is filed that contains
charges against a defendant in the same case where an indictment or information
previously charged the defendant, and the defendant had previously requested discovery,
that prior discovery request will apply to the new information or indictment, unless the
defendant files a notice limiting the prior request within one day of the defendant’s
arraignment on the new information or indictment.
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(2) Substitute Default Discovery Deadline for Prior Discovery Requests. Unless the
Court sets a different deadline for discovery or a party files a motion seeking a complex
case designation, (i) the United States shall satisfy whatever obligation it may have under
Federal Rule of Criminal Procedure 16(a) under a prior discovery request no later than
14 days after arraignment on the new information or indictment, and (ii) the defendant
shall satisfy whatever obligation he or she may have under Federal Rule of Criminal
Procedure 16(b) under a prior discovery request no later than 7 days after the United
States’ deadline for disclosing discovery under the corresponding subsection of Federal
Rule of Criminal Procedure 16(a).
e) Discovery Request Notice. When a party makes a written discovery request under Federal
Rule of Criminal Procedure 16, the party must promptly file a notice on the docket identifying
(i) when the discovery request was made; and (ii) the subsection or subsections of discovery
materials requested under Federal Rule of Criminal Procedure 16 for the first time in that
request.
f) Motions to Modify the Time, Place, or Manner of Discovery.
(1) Page/Word Limit. Motions to modify the time, place, or manner of discovery, and
responses and replies for such motions, shall not exceed the greater of 5 pages or 1,500
words without leave of Court, sought at least two days prior to the filing of the document.
(2) Responses and Replies. Responses to motions to modify the time, place, or manner of
discovery shall be filed within three business days after service of the motion. If the non-
moving party also seeks to modify the time, place, or manner of discovery, the non-
moving party may identify those modifications in its response and seek that relief in that
manner, without filing a separate motion. Replies to responses shall be filed within three
business days after service of the response.
g) Motions to Compel Discovery.
(1) Duty to Confer. Parties seeking discovery under Federal Rule of Criminal Procedure 7(f)
or 16(a) or (b) shall file a written motion identifying the discovery sought with specificity
only after conferring with the opposing party in a good faith effort to secure the discovery
sought.
(2) Declaration. A motion to compel discovery under Federal Rule of Criminal Procedure
7(f) or 16(a) or (b) shall be accompanied by a declaration of counsel which shall set forth:
(i) the date that the attorney for the United States and defense counsel conferred on the
motion; (ii) the names of the attorney for the United States and the defense counsel who
conferred; (iii) the matters that were agreed upon; and (iv) the matters that are in dispute
and require judicial determination.
(3) Exception for Pro Se Defendants. Section (g) of this rule does not apply to pro se
defendants and does not require consultation with pro se defendants.
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h) Joint Discovery Statement. The attorneys for the United States and the defendant(s) shall
collaborate and prepare a written Joint Discovery Statement to be signed by counsel for each
party and filed with the Court no later than seven days prior to the commencement of every
trial, or at such time as the Court may direct. The Joint Discovery Statement shall generally
describe all discovery material exchanged and shall set forth all stipulations. This rule does
not apply to pro se defendants.
i) Stipulations. No factual stipulation shall be used against a defendant unless defendant either:
(i) signs the stipulation; or (ii) orally on the record agrees to the stipulation. If the defendant
is represented by counsel the stipulation must be signed by the defendant’s attorney.
