WIRE INTERCEPTION AND INTERCEPTION OF ORAL COMMUNICATIONS

In addition to the procedural requirements of 18 U.S.C. § 2510 et seq., the following procedures shall be followed in all criminal cases in which the Government has secured or wishes to secure evidence pursuant to that statute: Filing and Docketing of Orders. (a) Applications made, orders, and inventories pursuant to 18 U.S.C. § 2518(8)(b) shall be filed with and docketed by the Clerk of Court. The applications, orders and all inventories filed pursuant thereto and the dockets relating thereto shall be retained by the Clerk of Court in a separate file which shall be impounded and shall not be available for inspection except by order of Court. Disclosure of any fact relating to such application, order or inventory to any person not authorized by the statute or these rules to have access to them shall be a violation of these rules and shall be punishable by contempt in accordance with 18 U.S.C. § 2518(8)(c).

(b) Assignment of Applications; Motions to Suppress All applications for wire interceptions shall be assigned on a random basis to each Judge of the Court, or in his or her absence the Emergency Judge, in accordance with the provisions of Local Civil Rule 40.1. Any motion by an aggrieved party, as defined in 18 U.S.C. §2510(11), attacking the validity or sufficiency of an order authorizing or approving the interception of a wire or oral communication issued by a Judge of this Court shall be heard by the judge. Any other motion attacking such interception shall be heard by the Judge to whom the case is assigned. - 20 - (c) Transcription of Intercepted Communications. In any case involving the interception of oral or wire communications, the Judge may by appropriate pretrial order require the following: (1) Disclosure to defense counsel within a reasonable time before trial of the original recordings of such oral or wire communications together with transcripts identifying the names of the persons who are speaking.

(2) As to any such oral or wire communication which the Government proposes to use in court, the preparation by the Government of a detailed exhibit consisting of an accurate transcript of any recording believed to be relevant, identifying so far as is reasonably possible the names of the persons who are speaking. Within a reasonable time before trial, the Court may rule preliminarily upon the admissibility of such evidence, whereupon all communications to be admitted may, as the Court directs, be recorded on a single tape together with a sufficient number of transcripts for the Court, counsel and each member of the jury. If only part of a conversation is offered in evidence by the Government, the Court may require the introduction of all of it which is relevant to the part proposed to be introduced, if in its discretion fairness so requires, and the defense may introduce any other parts. Effective January 1, 1998. - 21 -