S.D. Ala. Crim. L.R. 16

(a) Policy. It is the Court's policy to rely on the standard discovery procedure

set forth in this Rule as the sole means of the exchange of discovery in criminal

actions except in extraordinary circumstances. This Rule is intended to

promote the efficient exchange of discovery without altering the rights and

obligations of the parties, while at the same time eliminating the routine filing

of perfunctory and duplicative discovery motions.

(b) Initial Disclosures.

(1) Disclosure by the Government. At arraignment, or on a date

otherwise set by the Court for good cause shown, the government shall tender

to Defendant the following:

(A) Fed. R. Crim. P. 16(a) Information. All discoverable information

within the scope of Rule 16(a) of the Federal Rules of Criminal Procedure,

together with a notice pursuant to Fed. R. Crim. P. 12(b)(4)(A) of the

government’s intent to use this evidence;

(B) Brady Material. All information and material known to the

government which may be favorable to the Defendant on the issues of guilt

or punishment, without regard to materiality, within the scope of Brady v.

Maryland, 373 U.S. 83 (1963);

(C) Giglio Material. The existence and substance of any payments,

promises of immunity, leniency, preferential treatment, or other

inducements made to prospective witnesses, within the scope of United

States v. Giglio, 405 U.S. 150 (1972);

(D) Testifying Informant’s Convictions. A record of prior convictions

of any alleged informant who will testify for the government at trial;

(E) Defendant’s Identification. If a line-up, show-up, photo spread, or

similar procedure was used in attempting to identify the Defendant, the

exact procedure and participants shall be described and the results,

together with any pictures and photographs, shall be disclosed;

(F) Inspection of Vehicles, Vessels, or Aircraft. If any vehicle, vessel,

or aircraft was allegedly utilized in the commission of any offenses charged,

the government shall permit the Defendant's counsel and an expert

selected by the defense to inspect it, if it is in the custody of any

governmental authority;

(G) Defendant’s Latent Prints. If latent fingerprints, or prints of any

type, have been identified by a government expert as those of the

Defendant, copies thereof shall be provided;

(H) Fed. R. Evid. 404(b). The government shall advise the Defendant of

its intention to introduce evidence in its case in chief at trial, pursuant to

Rule 404(b) of the Federal Rules of Evidence; and

(I) Electronic Surveillance Information. If the Defendant was an

"aggrieved person" as defined in 18 U.S.C. § 2510(11), the government shall

so advise the Defendant and set forth the detailed circumstances thereof.

(2) Obligations of the Government.

(A) The government shall anticipate the need for, and arrange for the

transcription of, the grand jury testimony of all witnesses who will testify

in the government's case in chief, if subject to Fed. R. Crim. P. 26.2 and 18

U.S.C. § 3500. Jencks Act materials and witnesses' statements shall be

provided as required by Fed. R. Crim. P. 26.2 and 18 U.S.C. § 3500.

However, the government and, where applicable, the Defendant are

requested to make such materials and statements available to the other

party sufficiently in advance of trial as to avoid any delays or interruptions.

(B) The government shall advise all government agents and officers

involved in the action to preserve all rough notes.

(C) The identification and production of all discoverable evidence or

information is the personal responsibility of each Assistant United States

Attorney assigned to the action and may not be delegated without the

express permission of the Court.

(3) Disclosures to U. S. Probation. At arraignment, or on a date otherwise

set by the Court upon good cause shown, the government shall tender to the

U. S. Probation Office all essential information needed by U. S. Probation to

accurately calculate the sentencing guideline range for the Defendant,

including, but not limited to: information regarding the nature of the offense;

the nature of the victim and the injury sustained by the victim; Defendant's

role in the offense; whether Defendant obstructed justice in the commission of

the crime; Defendant’s criminal history; and any information regarding

Defendant's status as a career offender/armed career criminal. In addition, in

order to comply with the requirements of the Anti-Terrorism Act, the

government shall produce to the U. S. Probation Office information regarding

the victims of Defendant's alleged criminal activity, including, but not limited

to, identifying each victim by name, address, and phone number, and the

nature and extent of said victim's loss or injury.

(4) Disclosures by the Defendant. If Defendant accepts or requests

disclosure of discoverable information, pursuant to Fed. R. Crim. P.

16(a)(1)(C), (D), or (E), Defendant, on or before a date set by the Court, shall

provide to the government all discoverable information within the scope of

Fed. R. Crim. P. 16(b).

(c) Supplementation. The provisions of Fed. R. Crim. P. 16(c) are applicable.

It shall be the duty of counsel for all parties to immediately reveal to opposing

counsel all newly discovered information, evidence, or other material within the

scope of this Rule, and there is a continuing duty upon each attorney to disclose

expeditiously.

(d) Motions for Discovery. No attorney shall file a discovery motion without

first conferring with opposing counsel, and no motion will be considered by the

Court unless it is accompanied by a certification of such conference and a

statement of the moving party’s good faith efforts to resolve the subject matter

of the motion by agreement with opposing counsel. The statement must recite

the date and time of the conference or conferences and the names of all parties

participating. No discovery motions shall be filed for information or material

within the scope of this Rule unless it is a motion to compel, a motion for

protective order, or a motion for an order modifying discovery. See Fed. R.

Crim. P. 16(d). Discovery requests made pursuant to Fed. R. Crim. P. 16 and

this Local Rule require no action on the part of this Court and should not be

filed unless the party making the request desires to preserve the discovery

matter for appeal.

(e) Post-Conviction Disclosures. Within three (3) days of conviction, the

government shall provide to the Defendant any additional information that has

been provided to the Probation Office in compliance with paragraph (b)(3) of

this Rule. Any supplementation of the information provided to the Probation

Office shall also be given to the Defendant.