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LCR 16.1 Pretrial Discovery and Inspection


(a) Discovery Conference. Within 7 days after the arraignment the United States attorney and the defendant’s attorney shall confer and attempt to agree on a timetable and procedures for the following:

(1) inspecting, copying, or photographing any of the information subject to disclosure pursuant to Fed.R.Crim.P. 16;

(2) preserving the written notes of government agents;

(3) identification and notification of evidence the United States attorney intends to introduce pursuant to Federal Rule of Evidence 404(b);

(4) the filing of a proffer made within the scope of U.S. v. Santiago, 582 F.2d 1128 (7th Circ., 1978);

(5) the filing of materials subject to 18 U.S.C. §3500; and

(6) any other preliminary matters where such agreement would serve to expedite the orderly trial of the case.

(b) Declination of Disclosure. If in the judgment of the United States attorney or of the defendant’s attorney, it would not be in the interests of justice to make any one or more of the disclosures set forth in Fed.R.Crim.P. 16 and requested by counsel, disclosure may be declined. A declination shall be in writing, directed to opposing counsel. The declination shall specify the types of disclosures that are declined. It shall be signed personally by the United States attorney or the first assistant United States attorney or the defendant’s counsel, as appropriate. It shall be served on opposing counsel and a copy filed with the court within 5 days of the discovery conference held pursuant to section (a).




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#Rule ID187