[Reserved]
See also LCrR 16(b).
LCrR 12.4
DISCLOSURE STATEMENT
[Reserved]
LCrR 13
JOINT TRIAL OF SEPARATE CASES
[Reserved]
LCrR 14
RELIEF FROM PREJUDICIAL JOINDER
[Reserved]
LCrR 15
DEPOSITIONS
[Reserved]
LCrR 16
DISCOVERY AND INSPECTION
The purposes of this Rule are to expedite the transfer of discoverable material between opposing parties in
criminal cases and to ensure that pretrial discovery motions are filed only when these discovery
procedures have failed to timely result in the exchange of all legitimately discoverable material.
(a) Government’s Disclosure
Absent notice to the government to the contrary, it is presumed the defendant requests discovery pursuant
to Fed. R. Crim. P. 16(a). At arraignment or within fourteen (14) days thereafter, the government shall:
(1) Make available for inspection or copying all the Rule 16(a) material (defendant’s oral
and written statements; defendant’s prior record; documents and objects; reports of
examinations and tests; and expert witnesses opinions, the bases and reasons for those
opinions, and the witness’s qualifications) in its possession, custody or control or which
may become known to the attorney for the government through due diligence;
(2) Make available for inspection or copying any electronic eavesdrop, wiretap, or any
other interception of defendant’s wire or oral communications as defined by 18 U.S.C.
§ 2510, et seq., the authorization for and information gathered from a tracking device,
GPS locator, pen register, trap and trace, or any other video or audio recording used
during the course of the investigation of the case;
(3) Make available for inspection or copying any search warrants and supporting
affidavits which resulted in the seizure of evidence which is intended for use by the
government as evidence in its case-in-chief at trial, or which was obtained from, or
belongs to, the defendant;
(4) Inform the defendant’s attorney whether any physical evidence intended to be offered
in the government’s case-in-chief was seized by the government pursuant to any
exception to the warrant requirement;
(5) Make available for inspection or copying any photographs used in any photograph
lineup, show up, or photo spread, and identify any other identification technique and the
results thereof; and
(6) Advise the defendant’s attorney of evidence favorable to the defendant and material
to the defendant’s guilt or punishment to which defendant is entitled pursuant to Brady v.
Maryland, 373 U.S. 83 (1963) and United States v. Agurs,427 U.S. 97 (1976).
The court encourages early disclosure by the government of Jencks statements (18 U.S.C. § 3500) when
the reasons for withholding such statements are not implicated.
No later than twenty-eight (28) days prior to trial, the government shall:
(7) Provide the information required by United States v. Henthorn, 931 F.2d 29 (9th Cir.
1991) (government required to inspect for material information in the personnel records
of federal law enforcement officers who will testify at trial);
(8) Provide a summary of any evidence of other crimes, wrongs, or acts which the
government intends to offer under Federal Rule of Evidence 404(b), in sufficient detail
that the court may rule on the admissibility of the proffered evidence, if challenged; and
(9) Provide a list of convictions the government intends to offer under Federal Rule of
Evidence 609 so the court may rule on their admissibility, if challenged.
(b) Defendant’s Disclosure
Absent defendant’s election not to receive discovery from the government, it is presumed the government
requests discovery pursuant to Rule 16(b). No later than fourteen (14) days before trial, the defense shall
make available for inspection or copying all the Rule 16(b) material (documents and objects, reports of
examinations and tests, and expert witnesses opinions, the bases and reasons for those opinions, and the
witness’s qualifications) within defendant’s possession, custody, or control that the defendant intends to
use in defendant’s case-in-chief.
The court encourages early disclosure by the defense of United States v. Nobles, 422 U.S. 225 (1975)
statements (Fed. R. Crim. P. 26.2) when the reasons for withholding such statements are not implicated.
No later than twenty-one (21) days before trial, the defense shall:
(1) File and serve a written copy of any intention to assert an insanity defense or assert any
other mental condition bearing on the issue of guilt or the issue of punishment in a capital
case, pursuant to Fed. R. Crim. P. 12.2.
(2) File and serve a written copy of any intention to assert a public authority defense
pursuant to Fed. R. Crim. P. 12.3.
(c) Continuing Duty to Disclose
If at any time a party identifies or obtains additional evidence not previously disclosed which is subject to
discovery or inspection under this Rule, such party shall promptly disclose its existence. [This rule
contemplates that there will be situations where a continuing investigation by either party uncovers
relevant, discoverable evidence.]
(d) [Reserved]
(e) Exchange of Exhibit and Witness Lists
The exchange of exhibit and witness lists will be pursuant to the order of the presiding trial judge.
(f) Motions to Compel Further Discovery or Inspection
If discovery or inspection beyond that provided for above is sought, the attorney for the government and
the defendant’s attorney shall confer with a view toward satisfying these requests in a cooperative manner
without involving the court. All motions for discovery or inspection shall contain a certification (1) that
counsel have engaged in a discovery conference (in person, in writing or telephonically) and discussed the
subject matter of each motion and have been unable to reach agreement; (2) the date of the conference;
(3) the names of the attorneys and parties who attended the conference; and (4) the matters which remain
in dispute and require the determination of the court.
The filing of any such motion for further discovery or inspection which does not include the required
certification may result in summary denial of the motion.
LCrR 17
SUBPOENA
(a) [Reserved]
(b) Defendant Unable to Pay
An indigent defendant may apply ex parte for issuance and service of subpoenas upon showing the
necessity of the witness’s presence for an adequate defense.
(c) Producing Documents and Objects
(1) No subpoena in a criminal case may require the production of books, papers, documents, or other
objects in advance of the trial, hearing, or proceeding at which these items are to be offered in
evidence, unless the court has entered an order pursuant to Fed. R. Crim. P. 17(c). This Rule requires
notice to the opposing party of a subpoena seeking advance production of books, papers, documents
or other objects. Since Fed. R. Crim. P. 17 is not a discovery device, only exceptional circumstances
would warrant filing an ex parte motion for a subpoena.
All Rule 17(c) subpoenas seeking or allowing advance production must be returnable to the court and
the items sought therein must be delivered to the court at the place, date and time indicated. When
appropriate, the subpoena may advise that no appearance is necessary if the items are produced, in
advance of the date specified, to the court in an envelope delivered to the Clerk’s Office. The court
will then determine what material will be appropriately distributed to the parties.
(2) [Reserved]
(3) Except for grand jury subpoenas, no Rule 17(c) subpoena may be served on a third party seeking the
production of personal or confidential information about a victim without notice to the victim and the
opposing party and an opportunity to hear any motion to quash or modify or other objections prior to
the court issuing an order allowing service of such subpoena. Only exceptional circumstances would
warrant the court to dispense with such notice.
(d) through (h) [Reserved]
LCrR 17.1
PRETRIAL AND STATUS CONFERENCES
[Reserved]
LCrR 18
PLACE OF PROSECUTION AND TRIAL
[Reserved]
See also LCrR 21.
LCrR 19
[Reserved]
LCrR 20
TRANSFER FOR PLEA AND SENTENCE
[Reserved]
LCrR 21
TRANSFER FOR TRIAL
(a) through (c) [Reserved]
(d) Time to File a Motion to Transfer
A motion to transfer under Fed. R. Crim. P. 21 shall be made within the time allowed for filing pretrial
motions under these rules.
LCrR 22
[Abrogated]
LCrR 23
JURY OR NONJURY TRIAL
(a) through (c) [Reserved]
(d) Trial Brief
Each party shall file and serve any trial brief addressing the issues involved in the trial and important or
unusual evidentiary matters, no later than seven (7) days before trial or as ordered by the presiding judge.
LCrR 24
TRIAL JURORS
(a) Examination
Each party shall file and serve any suggested questions for the court to propound to the jurors during voir
dire, no later than seven (7) days before trial.
(b) through (c) [Reserved]
LCrR 25
JUDGE’S DISABILITY
[Reserved]
LCrR 26
TAKING TESTIMONY
[Reserved]
LCrR 26.1
FOREIGN LAW DETERMINATION
[Reserved]
LCrR 26.2
PRODUCING A WITNESS’S STATEMENT
[Reserved]
See LCrR 16(a) and (b).
LCrR 26.3
MISTRIAL
[Reserved]
LCrR 27
PROVING AN OFFICIAL RECORD
[Reserved]
LCrR 28
INTERPRETERS
[Reserved]
LCrR 29
MOTION FOR A JUDGMENT OF ACQUITTAL
[Reserved]
LCrR 29.1
CLOSING ARGUMENT
[Reserved]
LCrR 30
JURY INSTRUCTIONS
(a) In General
Each party shall file and serve proposed jury instructions no later than seven (7) days before trial.
Additional or modified instructions which could not reasonably be anticipated may be served and filed
during the course of the trial.
Each proposed instruction shall be separately paginated, separately numbered, contain supporting
citations and in addition to service and filing, a Microsoft “Word” file shall be transmitted to the assigned
judge’s Orders e-mail address.
(b) [Reserved]
(c) Time for Giving Instructions
The court will normally read instructions to the jury after the close of evidence and prior to argument.
(d) [Reserved]
(e) Copy of Instructions for Jury Use
The jury will be given a written set of the court’s instructions for their deliberations.
LCrR 31
JURY VERDICT
(a) through (d) [Reserved]
(e) Contacting Jurors After Trial
Neither counsel nor the parties shall contact or interview jurors or cause jurors to be contacted or
interviewed after trial without first having been granted leave to do so by the court.
LCrR 32
SENTENCING AND JUDGMENT
[Reserved]
