(a) Timing. As soon after indictment as practicable, and in no event more than
14 days after arraignment, the attorney for the government and counsel for the
defendant must confer regarding discovery. In cases in which a pretrial scheduling
conference will be held pursuant to Criminal L. R. 12(a), the parties should confer
sufficiently in advance of the conference to be able to provide meaningful information
to the Court.
(b) Discussion topics. To facilitate efficient preparation for trial, the
attorney for the government and counsel for the defendant should discuss the scope
and timing of discovery. This discussion should include:
(1) the volume, format, and categories of electronically stored
information (ESI) included in the discovery materials, and the extent to which
such materials are being provided in a searchable format;
(2) whether the discovery materials include items or types of
information that cannot be copied and instead will be made available for
inspection upon request, such as contraband, tangible objects, or bulky
materials;
(3) the extent to which the discovery materials include, or are
anticipated to include, reports of examinations or tests covered by Rule
16(a)(1)(F) or summaries of intended expert testimony covered by Rule
16(a)(1)(G);
(4) whether a protective order would be appropriate given the nature of
the case or content of the discovery materials;
(5) the extent to which the discovery will be redacted;
(6) the extent to which the defendant anticipates providing reciprocal
discovery under Crim. L. R. 16;
(7) the expected timing of:
(A) the production of initial and any anticipated additional
discovery by the government;
(B) the disclosure of identity information for any confidential
informants who were transactional witnesses; and
(C) the disclosure of Giglio information for the government’s trial
witnesses; and
(8) any other topics that could help the Court set an appropriate
schedule for production of discovery, filing of motions, and preparation for trial.
(c) Request for Court Action. After the discovery conference, if good faith
efforts have failed to result in agreement by all counsel, any party may ask the Court
to determine or modify the time, place, manner, or any other aspect of disclosure to
facilitate preparation for trial. To the extent a party is seeking to compel discovery or
disclosure, the party must comply with Criminal L. R. 16(b).
Committee Comment: This rule implements Federal Rule of Criminal Procedure 16.1,
which was adopted in 2019. Like the federal rule, the local rule describes a general
procedure that the parties should adapt to the circumstances of the case. Because
technology changes rapidly, neither the federal nor local rule sets forth specific
requirements for the manner, timing, or format of disclosure in cases involving ESI.
However, counsel should seek to be familiar with best practices and are encouraged to
review the "Recommendations for Electronically Store Information (ESI) Discovery
Production in Federal Criminal Cases" published jointly by the Department of Justice,
the Administrative Office of the U.S. Courts, and the Joint Working Group on
Electronic Technology in the Criminal Justice System (JETWG) in 2012.
V. VENUE [Reserved]
VI. TRIAL [Reserved]
VII. POST-CONVICTION PROCEDURES
