Discovery and Inspection.

The court expects complete and efficient discovery in criminal cases consistent with applicable statutes, case law, and rules of the court. Nothing in this rule should be construed as a limitation on the parties’ discovery obligations and the court’s authority to order additional discovery. The parties are to expedite the transfer or inspection of discoverable material in criminal cases and honor the continuing obligation to do so with additional materials. The parties must ensure that pretrial discovery motions to the court are filed only when the discovery procedures outlined herein have failed to result in the exchange of all discoverable material.

(a) Government’s Discovery Obligations. The government shall provide Defendant the following as related to the charged case: (1) all discovery required by Fed. R. Crim. P. 16(a); (2) (3) all exculpatory information under Brady v. Maryland, 373 U.S. 83 (1963), and its progeny; notice of, and information about, any identification proceeding, including photographs used in any 17 photograph line-up, show-up, or any other identification; (4) any search warrants and supporting affidavits that resulted in the seizure of evidence that was obtained from or belongs to Defendant; and (5) whether Defendant was the subject of any electronic eavesdrop, wiretap, or any other communications of wire or oral interception, as defined by 18 U.S.C. § 2510, et seq., in the course of the investigation of the case. (b) Discovery Presumed to be Requested by Defendant. Requests for discovery required by Fed. R. Crim. P. 16 are entered for Defendant by this rule so that Defendant need not make any further requests for such discovery.

If Defendant does not request discovery required under Subsection (16)(a), he or she shall file a notice to the government within five (5) days after arraignment. If such a notice is filed, the government is relieved of any discovery obligations to Defendant imposed by this rule including Fed. R. Crim. P. 16. (c) Discovery Conference. (1) At every arraignment at which Defendant enters a plea of not guilty, or other time as ordered by the court, the court will set a Rule 16.1 discovery conference no later than 14 days after the arraignment.

See Fed. R. Crim. P. 16.1(a). This conference should be conducted in person, by videoconference, or telephone. (2) During the conference, or as soon as practicable thereafter considering the size and complexity of the case, the parties should consider the manner of fair and efficient discovery in the criminal case. Topics for discussion may include, whether: 18 (A) there is likely to be additional discovery material or reciprocal discovery material to be provided, and, if so, the expected timing for the production of that discovery; (B) those disclosures; there are likely to be affirmative defenses and the timing of (C) the case can be resolved through plea negotiations and the appropriate timing for making and responding to plea offers; (D) a scheduling order could be submitted to the court to reflect discovery agreements and to propose alternative deadlines for filings, including but not limited to: (i) pretrial motions; (ii) expert disclosures; and (iii) the early exchange of preliminary, non-binding exhibit lists and witness lists, to facilitate the efficient review of discovery and preparation for trial; (E) the trial date set in the Criminal Scheduling Order is realistic and, if not, what a realistic date might be; and (F) it would be beneficial to have a status conference in the case to address discovery, to include case budgeting through the Ninth Circuit.

(d) Discovery from Defendant. Unless Defendant has declined discovery under Subsection (b), the defense shall comply with the requirements in Fed. R. Crim. P. 16(b) at or before the Rule 16.1 discovery conference if feasible or, alternatively, on a timetable agreed to by the parties or ordered by the court. (e) Continuing Duty to Disclose. If, prior to or during trial, a party discovers additional evidence or material previously requested or ordered, which is subject to discovery or inspection under this rule, the party shall promptly notify the other party or the court of the existence of the additional evidence or material.

(f) Motion to Compel Discovery or Disclosure. 19 All motions for disclosure or discovery shall contain a certification that the movant has complied with meet and confer requirements. A motion to compel disclosure or discovery shall be accompanied by a declaration by counsel which shall set forth: (1) certification of full compliance with the Rule and the date of the conference held pursuant to Fed. R. Crim. P. 16.1(a); (2) the name of the attorney for the government and defense counsel present at the conference; (3) the matters which were agreed upon; and (4) the matters which are in dispute and which require the determination of the court. (g) Sanctions for Failure to Comply.

(1) Against a Party. If at any time during the course of the proceedings it is brought to the attention of the court that a party has failed to comply with this rule, the court may order such party to permit the discovery or inspection, grant a continuance, prohibit the party from introducing evidence not disclosed, or may enter such order as it deems just under the circumstances. (2) Against an Attorney for a Party. If at any time during the course of the proceedings it is brought to the attention of the court that an attorney for a party has unjustifiably failed to comply with this rule, which failure was after a specific request for compliance with this rule by opposing counsel specifically for the material which is the subject of non-compliance, in addition to the sanctions imposed against the party as provided above, the court may punish any such counsel or attorney with a fine.

The imposition of such a fine is not to be deemed a finding of contempt. (h) Other Disclosures and Requirements. The assigned district judge may impose additional dates and deadlines in criminal cases for other disclosures and requirements between the parties under 20 applicable statutes, case law, and rules of the court other than Fed. R. Crim. P. 16. See CrimLR 2.3(a) (trial conference before the district judge).

Other disclosures and requirements include witness lists, exhibit lists, witness statements, notice under Fed. R. Evid. 404(b), and statements of witnesses under the Jencks Act, 18 U.S.C. § 3500.