DISCOVERY

U.S. District Court for the District of South Dakota

Rule Set: Criminal Local Rules of the U.S. District Court for the District of South Dakota

Rule: 16.1

Jurisdiction: DSD

Bluebook Citation: D.S.D. L.Cr.R. 16.1

All Rules: D.S.D. Criminal Local Rules, complete index


Text

A. Stipulation for Entry of Discovery Order.

Within 14 days of an initial appearance, the Government and defense counsel must complete and file a joint stipulation for discovery, which can be found on the court’s website. The Government is responsible for the timely electronic filing of the joint stipulation. The discovery order restricts dissemination of discovery materials and precludes defense counsel from giving discovery materials to the defendant without the court’s express permission. 4 2/28/2025 B. Certification Required.

A party filing a motion concerning a discovery dispute must file a separate certification describing the good faith efforts of the parties to resolve the dispute.

C. Expert Witness Disclosure Deadline.

1. The government and the defendant shall disclose to each other no later than twenty-one (21) calendar days before the start of trial the name of any person retained to testify as an expert witness in the case-in-chief and provide a written disclosure containing: a. A complete statement of all opinions that the party will elicit from the expert witness in the case-in-chief; b. The bases and reasons for them; c. The witness’s qualifications, including a list of all publications authored in the previous 10 years; and d. A list of all other cases in which during the previous 4 years, the witness has testified as an expert at trial or by deposition. 2. Any rebuttal expert to refute testimony from a disclosed expert shall be identified with the same written disclosure provided no later than seven (7) calendar days before trial.

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