PRETRIAL DISCOVERY AND INSPECTION

(a) Pretrial Conference. Within seven (7) days after the arraignment, or within such other period as the Court may set, counsel for the Government and for the defendant shall confer; and at such conference ("counsel's conference"), upon request of the defendant, the Government shall comply, or if compliance is then impossible, agree to comply as soon as possible with the requirements of Fed.R.Crim.P. 16(a)(1)(A-D). (b) Disclosure of Evidence by the Defendant. If at the counsel's conference the defendant requests disclosure under subparagraph (a)(1)(C) or (D) of Fed.R.Crim.P. 16, upon compliance with such request by the Government, the defendant, upon request of the Government, shall comply with Fed.R.Crim.P. 16(b)(1)(A) and (B).

(c) Regulation of Discovery. (1) If, in the judgment of the attorney for either party, the requested discovery is beyond the scope of Rule 16 or if the attorney has reasonable grounds to believe that a protective order should be entered regarding such a discovery request, disclosure may be declined. A declination of any requested disclosure shall be in writing, directed to opposing counsel, and shall specify the types of disclosure that are declined and the reasons therefor. (2) If the defendant or the Government desires to contest such declination or seeks additional discovery not specified in these rules, its attorney shall promptly confer with opposing counsel with a view to satisfying these requests in a cooperative atmosphere without recourse to the Court.

(3) In the event that the conference prescribed by subparagraph (c)(2) does not resolve the dispute concerning discovery of items not specifically mentioned in - 11 - Rule 16, the party seeking disclosure may file a motion for such additional discovery on or before the date set for filing of pretrial motions under Fed.R.Crim.P. 12 and Local Rule 12.1. If the requested discovery materials are specifically mandated by Rule 16, then the declining party must move for a protective order on or before the date set for filing of pretrial motions under Fed.R.Crim.P. 12 and Local Rule 12.1. The motion papers for additional discovery or a protective order shall contain: (A) the statement that the prescribed counsel's conference was held; (B) the date of said conference; (C) (D) (E) the name of opposing counsel with whom the conference was held; the statement that agreement could not be reached concerning the discovery or inspection that is the subject of the motion; and a request for a hearing to resolve the dispute, or a waiver of argument and a suggestion that the Court rule by reference to the motion papers alone, or a request that the party be permitted to make its showing, in whole or in part, in the form of a written statement to be inspected by the Judge alone. The answer to any motion under this subparagraph may contain a request for a hearing, or a statement of that party's opposition to any request for an ex parte showing.

(d) Failure to Comply. The failure of a party to comply with this Rule or with Fed.R.Crim.P. 16 may be brought to the attention of the Court at any time, whereupon the Court may take such action as is prescribed by Fed.R.Crim.P. 16(d), or such other action that the Court deems proper under the circumstances. Effective January 1, 1998. - 12 -