Procedures for Disclosure and Discovery in Criminal Actions (a) Meeting of Counsel. Within 14 days after a defendant's plea of not guilty, the attorney for the government and the defendant's attorney

U.S. District Court for the Northern District of California

Rule Set: Criminal Local Rules of the United States District Court for the Northern District of California

Rule: 16-1

Jurisdiction: NDCA

Bluebook Citation: N.D. Cal. Crim. L.R. 16-1

All Rules: N.D. Cal. Criminal Local Rules, complete index


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(b) Order Setting Date for Disclosure. In the absence of a stipulation by the parties, a schedule for disclosure of information as required by Fed. R. Crim. P. 16 or any other applicable rule, statute or case authority may be set sua sponte by the assigned Judge or Magistrate Judge. If a party has conferred with opposing counsel as required by Crim. L.R. 16-1(a), the party may make a motion pursuant to Crim. L.R. 47-1 and 47-2 to impose a schedule for such disclosure. (c) Supplemental Disclosure.

In addition to the information required by Fed. R. Crim. P. 16, in order to expedite the trial of the case, in accordance with a schedule established by the parties at the conference held pursuant to Crim. L.R. 16-1(a) or by the assigned Judge pursuant to Crim. L.R. 16-1(b), the government shall disclose the following: (1) Electronic Surveillance. A statement of the existence or non-existence of any evidence obtained as a result of electronic surveillance; (2) Informers. A statement of the government's intent to use as a witness an informant, i.e., a person who has or will receive some benefit from assisting the government; (3) Evidence of Other Crimes, Wrongs or Acts. A summary of any evidence of other crimes, wrongs or acts which the government intends to offer under F. R. Evid. 404(b), and which is supported by documentary evidence or witness statements in sufficient detail that the Court may rule on the admissibility of the proffered evidence; and (4) Co-conspirator's Statements.

A summary of any statement the government intends to offer under F. R. Evid. 801(d)(2)(E) in sufficient detail that the Court may rule on the admissibility of the statement.

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