16.1 Routine Discovery

The parties shall disclose the following information without waiting for a demand from the opposing party.

(a) Criminal Record Report

Prior to or during the course of the initial appearance, the United States Probation and Pretrial Service Office shall, to the extent in their possession, provide the government with two (2) copies of the defendant’s criminal record report. Upon receipt, the government shall provide a copy of that report to counsel for the defendant, it being presumed that defense counsel has made a request for this information pursuant to Fed. R. Crim. P. 16(a)(1)(D).

(b) Material Discoverable Pursuant to Fed. R. Crim. P. 16

(1) By the Government

The government shall disclose information described in Fed. R. Crim. P. 16(a)(1) within fourteen (14) days after the arraignment unless the parties agree on a different date or unless the defendant notifies the government within that time period and prior to receipt of such information that the defendant declines to receive that information.

(2) By the Defendant

The defendant shall disclose the information described in Fed. R. Crim. P. 16(b) within thirty (30) days after the arraignment unless the parties agree on a different date or unless the defendant has timely notified the government pursuant to LCrR 16.1(b)(1) that the defendant declines reciprocal discovery.

(3) Expert Witnesses and Reports/Summaries

The initial disclosure requirements of subsection (b)(1) and (2) only require the disclosure of known expert witnesses and existing expert reports/summaries as of the disclosure deadline. Later identified expert witnesses and later created reports/summaries, as well as a curriculum vitae for all identified experts, shall be disclosed no later than thirty (30) days prior to trial, and rebuttal expert witnesses, their reports/summaries, and curriculum vitae shall be disclosed no later than fifteen (15) days prior to trial.

(c) Electronic Communications

The government shall disclose any evidence suggesting that the government has intercepted the defendant's wire or electronic communications, as defined in 18 U.S.C. § 2510, within fourteen (14) days after the arraignment.

(d) Exculpatory and Impeachment Material

The government shall disclose any evidence material to issues of guilt or punishment within the meaning of Brady v. Maryland, 373 U.S. 83 (1963), and related cases, and any impeachment material as defined in Giglio v. United States, 405 U.S. 150 (1972), and related cases, at least twenty-one (21) days before trial. For good cause shown, the government may seek approval to disclose said material at a later time.

(e) Witness Statements

The government shall disclose any witness statements, as defined in Fed. R. Crim P. 26.2(f) and 18 U.S.C. § 3500, at least seven (7) days prior to the commencement of the proceeding at which the witness is expected to testify unless the government determines that circumstances call for later disclosure as allowed by Rule 26.2 and 18 U.S.C. § 3500.

(f) Fed. R. Evid. 404(b) Material

The government shall disclose the general nature of any evidence that it intends to introduce pursuant to Fed. R. Evid. 404(b) at least seven (7) days prior to trial.

(g) Exhibits

At least seven (7) days prior to trial, the parties shall exchange and file exhibit lists. Exhibits intended to be used solely for impeachment need not be listed. Objections to exhibit lists shall be filed on the day of trial. The parties shall deliver their exhibits to the clerk’s office and a copy to each other at least one day before the start of evidence.

(h) Presentation of Electronic Evidence to a Deliberating Jury

At least seven (7) days prior to trial, the parties shall file a statement confirming that they have met and conferred on whether they intend to have the jury use the Jury Evidence Recording System (JERS) and stating their respective positions on the use of JERS at trial. To the extent one but not all parties want to use JERS, the party who wants to use JERS shall file a motion requesting leave to do so.

(i) Witness Lists

The parties shall exchange and file witness lists at least seven (7) days prior to trial. For good cause shown, either party may seek court approval to exchange witness lists at a later date.

History

(§§ (a)(2) and (d) amended 1/1/97; § (f) amended 1/1/06; § (a) added, former §§ (a) through (g) relettered accordingly, new § (d) amended 12/1/09; § (b)(3) added and § (g) amended 12/1/11; amended § (g), added § (h), relettered former § (h) 12/1/13).