D.N.M.LR-Cr. 58.2

a. Appellant’s Brief. Appellant’s brief must be filed and served within fourteen

(14) days after the filing of the Notice of Appeal.

b. Appellee’s Brief. Appellee’s brief must be filed and served within fourteen (14)

days of the filing and service of appellant’s brief.

c. Reply Brief. Appellant may file and serve a reply brief within seven (7) days after

the filing and service of appellee’s brief.

d. Length of Briefs and Exhibits. The appellant’s brief must not exceed twenty (20)

double-spaced pages. The appellee’s brief must not exceed fifteen (15) double-spaced pages. A reply brief must not exceed ten (10) double-spaced pages.

Exhibits must not exceed twenty (20) pages.

e. Notice of Electronic Filing (NEF) Sent by CM/ECF is Service. When a

pleading is electronically filed, a Notice of Electronic Filing (NEF) will be sent by

the CM/ECF system to all Registered Participants. The NEF is valid service to

Registered Participants. It is the responsibility of the filer to determine if all

parties entitled to service are Registered Participants.

f. Party not a Registered Participant. If a party entitled to service is not a

Registered Participant, the filer must serve the pleading by an alternate method.

g. Certificate of Service. Every pleading must have a certificate of service stating

how the party was served. Certificates of service and the Notices of Electronic

Filing are explained in the CM/ECF Administrative Procedures Manual.

h. Appeals. All appeals from Magistrate Judge decisions will be decided by the

District Court without a hearing, unless otherwise ordered by the District Court.

LOCAL FORM 1

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW MEXICO

UNITED STATES OF AMERICA,

Plaintiff,

vs. CRIMINAL NO.

Defendant.

ORDER

THIS MATTER comes on for consideration sua sponte. The defendant has been arraigned in

the above-styled criminal action and has been given a date by which pre-trial motions shall be filed.

In an effort to streamline the discovery process and minimize unnecessary efforts of the Court

personnel and counsel, the Court deems that the following discovery will be authorized by the Court

through the United States Magistrate Judge.

Wherefore, IT IS HEREBY ORDERED as follows:

1. DEFENDANT IS DEEMED TO REQUEST DISCOVERY UNLESS WAIVER IS

FILED. The Defendant is on notice that unless he or she files with the Court no later than 7 days

from the entry of this Order a waiver of request for discovery from the Government signed by the

Defendant, the Court will deem the Defendant to have requested discovery and be subject to the

reciprocal discovery obligations of Rule 16 of the Federal Rules of Criminal Procedure. See Fed.

R. Crim. P. 16(b)(1).

2. DISCLOSURE OF EVIDENCE BY THE GOVERNMENT. Unless the Defendant

has filed the aforesaid waiver, and subject to paragraph 12 below, within 14 days of the entry of

ATTACHMENT 1 (USDC, DNM Local Form 1, Page 1)

this Order, the Government shall provide to the Defendant's attorney without motion the

discovery to which the Defendant is entitled pursuant to Rules 16(a)(1)(A), (B), (C), (D), (E), and

(F) of the Federal Rules of Criminal Procedure.

3. DISCLOSURE OF EVIDENCE BY THE DEFENDANT. If the Defendant has not

filed the waiver of request for discovery within 7 days of the entry of this order and the Government

has complied with its discovery obligations of Rule 16, the Defendant shall produce within 14 days

of the Government's compliance with this disclosure order the discovery to which the Government

is entitled pursuant to Rules 16(b)(1)(A) and (B) of the Federal Rules of Criminal Procedure.

4. EXPERT WITNESSES. The Court will set a date before trial by which each party

shall disclose a written summary of testimony the party intends to use under Rules 702, 703 or 705

of the Federal Rules of Evidence during its case in chief at trial. This summary must describe the

witness’s opinions, the bases and the reasons therefor, and the witness’s qualifications.

5. CONTINUING DUTY TO DISCLOSE. It is understood that discoverable material

may come into the possession of a party after the deadlines set forth in this order. Accordingly, if

prior to or during trial a party discovers additional evidence or material which is subject to discovery

or inspection under Rule 16, such party shall promptly notify the other party of the existence of the

additional evidence or material.

6. INFORMATION NOT SUBJECT TO DISCLOSURE. Unless mandated by the

remaining paragraphs of this Order, evidence not otherwise subject to disclosure under Rule 16 is

not required to be produced pursuant to this standing discovery Order.

7. DISCLOSURE OF BRADY, GIGLIO AND JENCKS ACT MATERIALS. The

Government shall make available to the Defendant by the time required by the applicable law all

ATTACHMENT 1 (USDC, DNM Local Form 1, Page 2)

material for which disclosure is mandated by Brady v. Maryland, 373 U.S. 83 (1963), by Giglio v.

United States, 405 U.S. 150 (1972), and by the Jencks Act (18 U.S.C. § 3500) and Rules 12(h)

and 26.2. Pursuant to the Due Process Protections Act, the Court confirms the Government’s

obligation to produce all exculpatory evidence to the defendant pursuant to Brady v. Maryland and

its progeny, and orders it to do so. Failing to do so in a timely manner may result in consequences,

including but not limited to, exclusion of evidence, adverse jury instructions, dismissal of charges,

contempt proceedings, or sanctions by the Court.

8. DISCLOSURE OF FEDERAL RULE OF EVIDENCE 404(b) MATERIAL. All

Rule 404(b) information shall be disclosed by the Government to the Defendant at least 7 days prior

to trial unless otherwise ordered by the Court.

9. FURTHER DISCOVERY MOTIONS SHALL NOT BE FILED BY EITHER

PARTY EXCEPT AS AUTHORIZED BELOW. The Defendant may file with the Court a

particularized "Notice of Brady Requests" made to the Government in order to satisfy any

specificity requirements under United States v. Agurs, 427 U.S. 97 (1976). If a party contends that

the opposing party has not provided the material required to be produced by this Order, that party

may petition this Court for its disclosure only after a specific request for production has been denied

by the opposing party. However, the Court will deny any such petition unless the party seeking

production complies with the following requirements:

A. Identifies with specificity the evidence required to be disclosed and the paragraph of

this Order authorizing its production; and

B. Identifies the attorney for the Government or attorney for the Defendant to whom a

specific request for disclosure was made, the date such disclosure was denied and the proffered

reason for denial.

ATTACHMENT 1 (USDC, DNM Local Form 1, Page 3)

Such petitions shall be filed by the motions deadline as set by the Magistrate Judge at

arraignment; however, a petition shall not be refused as untimely where the opposing party has

previously declined production on the grounds of present unavailability of the evidence or where

the applicable law does not require production until after the motions deadline.

10. PRESERVATION OF TAPES, NOTES AND OTHER MEMORANDA. The

Government shall not purposefully destroy any tapes, notes, electronic data, surveillance logs,

reports, memoranda or communications generated in connection with this case until it is resolved.

11. NON-DISCOVERY PRE-TRIAL MOTIONS. All non-discovery pre-trial motions,

including a motion for a bill of particulars pursuant to Rule 7(f) of the Federal Rules of Criminal

Procedure, shall be filed by the motions deadline as set by the Magistrate Judge at arraignment.

12. RULE 16.1 PRETRIAL DISCOVERY CONFERENCE. No later than 14 days after

arraignment, the attorney for the Government and the Defendant’s attorney will confer regarding

pretrial discovery. If an extension of any of the deadlines set forth herein is necessary as to any item

or category of discovery, the attorney for the party requiring the extension shall promptly notify the

Court. If the parties conclude, based on the complexity of the case or otherwise, that a different

scheduling order should be substituted for this Order, the parties shall promptly submit a joint

scheduling order for the Court’s consideration.

DATED:

_______________________________________

UNITED STATES MAGISTRATE JUDGE

ATTACHMENT 1 (USDC, DNM Local Form 1, Page 4)