D. Guam CRLR 16

(a) Policy. It is the court's policy to rely on the standard discovery procedure as set forth in

this rule as the means of the exchange of discovery in criminal cases except in

extraordinary circumstances. This rule is intended to promote the efficient exchange of

discovery without altering the rights and obligations of the parties, but at the same time

eliminate the practice of routinely filing perfunctory and duplicative discovery motions.

(b) Initial disclosures.

(1) Disclosures by the Government. Seven (7) days after arraignment, the Government

shall provide to the defendant, or make available for inspection, copying or photocopying

all of the following:

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

scope of Federal Rule of Criminal Procedure 16(a).

(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

within the scope of Brady v. Maryland, 373 U.S. 83 (1963).

(C) Defendant’s identification. If a line-up, show-up, photo spread or similar,

procedure was used in attempting to identify the defendant, the procedure

implemented.

(D) Inspection of vehicles, vessels, or aircraft. If a vehicle, vessel, or aircraft that

was allegedly used in the commission of an offense charged is in the custody of a

governmental authority, the government shall permit the defendant's counsel and

any expert selected by the defense to inspect it.

(E) Fed. R. Evid. 404(b). If the government intends to introduce evidence listed

in Federal Rule of Evidence 404(b) in its case in chief at trial, the government

shall advise the defendant accordingly.

(F) Electronic Surveillance Information. If the defendant is an “aggrieved

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

defendant of such and inform the defendant of the detailed circumstances thereof.

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(G) Search warrants and supporting affidavits. The Government shall provide the

defendant with any search warrants and supporting affidavits that resulted in the

seizure of evidence that the government intends to introduce in its case in chief at

trial or that was obtained from or belongs to the defendant.

The Government shall file a motion requesting an extension of time or other relief for

good cause in the event the Government is unable to provide discovery in accordance

with this subparagraph.

(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 Federal Rule of Criminal Procedure 26.2

and 18 U.S.C. § 3500. Jencks Act materials and witnesses’ statements shall be

provided as required by Federal Rule of Criminal Procedure 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 so as to avoid delays or interruptions at trial. Although

the court suggests an early disclosure of Jencks Act materials, this should not be

construed as requiring the government or the defendant to disclose materials

expressly protected from disclosure under 18 U.S.C. § 3500 or Federal Rules of

Criminal Procedure 16 or 26.2.

(B) No later than two weeks prior to the start of trial, the government shall

disclose to the defendant 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).

(C) No later than two weeks prior to the start of trial, the government shall

provide to the defendant a record of prior convictions of any alleged informant

who will testify for the government at trial.

(D) The government shall advise all government agents and officers involved in

the case to preserve all rough notes.

(E) The government shall, in good faith, advise the defendant in writing if it is

unable to comply with the time deadlines set forth in subparagraph (b)(1).

(3) Disclosures by the Defendant. If the defendant accepts disclosure of discoverable

information pursuant to Federal Rule of Criminal Procedure 16(a), the defendant shall

provide the government with all discoverable information within the scope of Federal

Rule of Criminal Procedure 16(b) within fourteen (14) days after the government

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complies with discovery pursuant to subparagraph (b)(1).

(c) Continuing duty to disclose. The provisions of Federal Rule of Criminal Procedure 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 Rule 16. The court emphasizes that there is a continuing duty upon each

attorney to disclose expeditiously.

(d) Motions for discovery. An attorney shall not file a discovery motion without first

communicating with opposing counsel. Absent good cause shown, the court will not

consider a discovery motion 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. An attorney may not file a

discovery motion for information or material within the scope of Federal Rule of

Criminal Procedure 16 unless it is a motion to compel, a motion for protective order, or a

motion for an order modifying discovery.