N.D.N.Y. L. R. Cr. P. 14.1

(a) It is the Court’s policy to rely on the discovery procedure as set forth in this Rule

as the sole means for 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 practice

of routinely filling perfunctory and duplicative discovery motions.

(b) Fourteen (14) days after arraignment, or on a date that the Court otherwise sets for

good cause shown, the government shall make available for inspection and copying to the

defendant the following:

1. Fed. R. Crim. P. 16(a) & Fed. R. Crim. P. 12(d) information. All discoverable

information within the scope of Fed. R. Crim. P 16(a), together with a notice,

pursuant to Fed. R. Crim. P. 12(d), of the government’s intent to use this

evidence, in order to afford the defendant an opportunity to file motions to

suppress evidence.

2. Brady Material. All information and material that the government knows 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). The Government shall disclose such

information to the defense promptly after its existence becomes known to the

Government. The foregoing obligation is a continuing one.

3. Federal Rule of Evidence 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. This requirement shall replace the

defendant’s duty to demand such notice.

(c) Unless a defendant, in writing, affirmatively refuses discoverable materials under

Fed. R. Crim. P. 16(a)(1)(C), (D), or (E), the defendant shall make available to the government

all discoverable information within the scope of Fed. R. Crim. P. 16(b) within twenty-one (21)

days of arraignment.

(d) No less than fourteen (14) days prior to the start of jury selection, or on a date the

Court sets otherwise for good cause shown, the government shall tender to the defendant the

following:

1. 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).

2. Testifying Informant’s Convictions. A record of prior convictions of any

alleged informant who will testify for the government at trial.

(e) 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. The Court requests that the government,

and where applicable, the defendant, make materials and statements subject to Fed. R. Crim. P.

26.2 and 18 U.S.C. § 3500 available to the other party at a time earlier than rule or law requires

to avoid undue delay at trial or hearings.

(f) It shall be the duty of counsel for all parties immediately to 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. The

government shall advise all government agents and officers involved in the action to preserve all

rough notes.

(g) No attorney shall file a discovery motion without first conferring with opposing

counsel, and the Court will not consider a 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. The parties shall not file any

discovery motions 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 Rule

require no action on the part of the Court and should not be filed with the Court unless the party

making the request desires to preserve the discovery matter for appeal.