D. Mass. L.R. 116.5

(a) Initial Status Conference. On or about the 14th day following the date scheduled for the

completion of automatic discovery, the magistrate judge shall convene an initial status

conference with the attorneys for the parties who will conduct the trial. Unless otherwise

ordered by the court, counsel shall confer and file a joint memorandum no later than 7 days

before the initial status conference. The joint memorandum must include the following

issues and any other issues relevant to the progress of the case, which counsel must be

prepared to discuss at the conference:

(1) the status of automatic discovery and any pending discovery requests;

(2) the timing of any additional discovery to be produced;

(3) the timing of any additional discovery requests;

(4) whether any protective orders addressing the disclosure or dissemination of

sensitive information concerning victims, witnesses, defendants, or law

enforcement sources or techniques may be appropriate;

(5) the timing of any pretrial motions under Fed. R. Crim. P. 12(b);

(6) the timing of expert witness disclosures;

(7) periods of excludable delay under the Speedy Trial Act;

(8) the timing of an interim status conference or final status conference, as the case may

require.

If the defendant indicates an intention to change his or her plea to guilty, or if discovery is

substantially complete and the only issues that remain or are anticipated are ones

appropriately resolved by the district judge, the magistrate judge may, at the parties’

request, treat the initial status conference as a final status conference under subsection (c)

of this rule and transfer the case to the district judge along with the final status report

required by subsection (d). Otherwise, the magistrate judge shall issue a scheduling order

and an order of excludable delay that reflect the deadlines and periods of excludable delay

established at the initial status conference.

(b) Interim Status Conference. At the initial status conference, unless the magistrate judge

decides to transfer the case to the district judge under subsection (a), the magistrate judge

shall schedule an interim status conference or a final status conference, as needed, giving

due regard to the complexity of the case and the period of time that the parties expect will

be required to complete discovery and pretrial motions.

Unless otherwise ordered by the court, counsel shall confer and file a joint memorandum

no later than 7 days before the interim status conference. The joint memorandum must

address the following issues, and any other issues relevant to the progress of the case, which

counsel must be prepared to discuss at the conference:

(1) the status of automatic discovery and any pending discovery requests;

(2) the timing of any additional discovery to be produced;

(3) the timing of any additional discovery requests;

(4) whether any protective orders addressing the disclosure or dissemination of

sensitive information concerning victims, witnesses, defendants, or law

enforcement sources or techniques may be appropriate;

(5) the status of any pretrial motions under Fed. R. Crim. P. 12(b);

(6) the timing of expert witness disclosures;

(7) defenses of insanity, public authority, or alibi;

(8) periods of excludable delay under the Speedy Trial Act;

(9) the status of any plea discussions and likelihood and estimated length of trial;

(10) the timing of the final status conference or any further interim status conference.

The magistrate judge may waive the interim status conference if the parties request such a

waiver and the magistrate judge determines that the information in the joint memorandum

obviates the need for the conference.

If the defendant indicates an intention to change his or her plea to guilty, or if discovery is

complete and the only issues that remain or are anticipated are ones appropriately resolved

by the district judge, the magistrate judge may, at the parties’ request, treat an interim status

conference as a final status conference under subsection (c) and transfer the case to the

district judge along with the final status report required by subsection (d). Otherwise, the

magistrate judge shall issue a scheduling order and an order of excludable delay that reflect

the deadlines and periods of excludable delay established at the interim status conference

or in the parties’ joint memorandum, as the case may be.

(c) Final Status Conference. In all felony cases and Class A misdemeanor cases to be heard

by a district judge, before the magistrate judge issues the final status report required by

subsection (d) of this rule, the magistrate judge shall, if necessary, convene a final status

conference with the attorneys who will conduct the trial. Counsel shall confer and file a

joint memorandum no later than 7 days before the final status conference. The joint

memorandum must address the following issues, and any other issues relevant to the

progress of the case, which counsel must be prepared to discuss at the conference:

(1) whether the defendant requests that the case be transferred to the district judge for

a Rule 11 hearing;

(2) whether, alternatively, the parties move for a pretrial conference before the district

judge in order to resolve pretrial motions (if any) and schedule a trial date and, if

so:

(A) whether the parties have produced all discovery they intend to produce and,

if not, the identity of any additional discovery and its expected production

date;

(B) whether all discovery requests and motions have been made and resolved

and, if not, the nature of the outstanding requests or motions and the date

they are expected to be resolved;

(C) whether all motions under Fed. R. Crim. P. 12(b) have been filed and

responded to and, if not, the motions that are expected to be filed and the

date they will ready for resolution;

(D) whether the court should order any additional periods of excludable delay,

the number of non-excludable days remaining, and whether any matter is

currently tolling the running of the time period under the Speedy Trial Act;

and

(E) the estimated number of trial days; and

(3) any other matters specific to the particular case that would assist the district judge

upon transfer of the case from the magistrate judge.

If the joint memorandum permits the magistrate judge to prepare the final status report

without the necessity of an additional status conference, the magistrate judge may waive

the final status conference and issue an order transferring the case to the district judge.

(d) Final Status Report. After the final status conference, or upon receipt of the joint final

status memorandum if no conference is deemed necessary, the magistrate judge shall

transfer the case to the district judge along with a final status report that incorporates the

information provided by the parties at the final status conference or in the joint final status

memorandum, as the case may be.