D.V.I. LRCr 16.1

a) Initial Discovery Conference.

(1) Timing. Unless otherwise ordered, no later than 14 days after the arraignment on the first

information or indictment filed in a matter as to a defendant, the attorney for the United

States and the defendant’s attorney must confer and try to agree on a timetable and

procedures for pretrial disclosure under Federal Rule of Criminal Procedure 16. Counsel

may confer in person, telephonically, or via email or other appropriate medium.

(2) Notice of Proposed Pretrial Discovery Timetable. Within five days of the completion

of the conference, the parties shall file a notice of proposed pretrial discovery timetable

identifying all agreed upon deadlines. The notice of proposed pretrial discovery timetable

must identify the subsection or subsections of discovery materials requested under

Federal Rule of Criminal Procedure 16 prior to the conclusion of the initial discovery

conference.

(3) Effect of Filing Proposed Pretrial Discovery Timetable. Upon the filing of a notice of

proposed pretrial discovery timetable, the agreed upon deadlines for disclosing discovery

under Federal Rule of Criminal Procedure 16 specified in that notice shall be binding on

the parties, unless modified by the Court. Those deadlines shall extend only to subsections

of discovery materials requested under Federal Rule of Criminal Procedure 16 prior to

the conclusion of the initial discovery conference.

(4) Exception for Pro Se Defendants. Section (a) of this rule does not apply to pro se

defendants. Upon a discovery request and after providing the parties an opportunity to be

heard, the Court shall set discovery deadlines for pro se defendants. Those deadlines

apply only to discovery requested at the time the Court’s discovery scheduling order is

entered.

b) Default Deadline for Government Production of Federal Rule of Criminal Procedure

16 Discovery. Unless the Court sets a different deadline for discovery, a party files a motion

seeking a complex case designation, or the parties file a notice of proposed pretrial discovery

timetable specifying a different deadline, the United States shall satisfy whatever obligation

it may have under Federal Rule of Criminal Procedure 16(a), pursuant to a written discovery

request, within:

(1) 28 days of the discovery request, if that request was made after arraignment; or

(2) 28 days after arraignment, if the discovery request was made at, or prior to, arraignment.

c) Default Deadline for Defendant Production of Federal Rule of Criminal Procedure 16

Discovery. Unless the Court sets a different deadline for discovery, a party files a motion

seeking a complex case designation, or the parties file a notice of proposed pretrial discovery

timetable specifying a different deadline, a defendant shall satisfy whatever obligation he or

she may have under a subsection of Federal Rule of Criminal Procedure 16(b), pursuant to a

written discovery request made by the United States, within the later of 14 days after the

discovery request or 14 days after the United States’ deadline for disclosing discovery under

the corresponding subsection of Federal Rule of Criminal Procedure 16(a).

d) Superseding Information or Indictment.

(1) Prior Discovery Requests. If a new information or indictment is filed that contains

charges against a defendant in the same case where an indictment or information

previously charged the defendant, and the defendant had previously requested discovery,

that prior discovery request will apply to the new information or indictment, unless the

defendant files a notice limiting the prior request within one day of the defendant’s

arraignment on the new information or indictment.

(2) Substitute Default Discovery Deadline for Prior Discovery Requests. Unless the

Court sets a different deadline for discovery or a party files a motion seeking a complex

case designation, (i) the United States shall satisfy whatever obligation it may have under

Federal Rule of Criminal Procedure 16(a) under a prior discovery request no later than

14 days after arraignment on the new information or indictment, and (ii) the defendant

shall satisfy whatever obligation he or she may have under Federal Rule of Criminal

Procedure 16(b) under a prior discovery request no later than 7 days after the United

States’ deadline for disclosing discovery under the corresponding subsection of Federal

Rule of Criminal Procedure 16(a).

e) Discovery Request Notice. When a party makes a written discovery request under Federal

Rule of Criminal Procedure 16, the party must promptly file a notice on the docket identifying

(i) when the discovery request was made; and (ii) the subsection or subsections of discovery

materials requested under Federal Rule of Criminal Procedure 16 for the first time in that

request.

f) Motions to Modify the Time, Place, or Manner of Discovery.

(1) Page/Word Limit. Motions to modify the time, place, or manner of discovery, and

responses and replies for such motions, shall not exceed the greater of 5 pages or 1,500

words without leave of Court, sought at least two days prior to the filing of the document.

(2) Responses and Replies. Responses to motions to modify the time, place, or manner of

discovery shall be filed within three business days after service of the motion. If the non-moving party also seeks to modify the time, place, or manner of discovery, the non-moving party may identify those modifications in its response and seek that relief in that

manner, without filing a separate motion. Replies to responses shall be filed within three

business days after service of the response.

g) Motions to Compel Discovery.

(1) Duty to Confer. Parties seeking discovery under Federal Rule of Criminal Procedure 7(f)

or 16(a) or (b) shall file a written motion identifying the discovery sought with specificity

only after conferring with the opposing party in a good faith effort to secure the discovery

sought.

(2) Declaration. A motion to compel discovery under Federal Rule of Criminal Procedure

7(f) or 16(a) or (b) shall be accompanied by a declaration of counsel which shall set forth:

(i) the date that the attorney for the United States and defense counsel conferred on the

motion; (ii) the names of the attorney for the United States and the defense counsel who

conferred; (iii) the matters that were agreed upon; and (iv) the matters that are in dispute

and require judicial determination.

(3) Exception for Pro Se Defendants. Section (g) of this rule does not apply to pro se

defendants and does not require consultation with pro se defendants.

h) Joint Discovery Statement. The attorneys for the United States and the defendant(s) shall

collaborate and prepare a written Joint Discovery Statement to be signed by counsel for each

party and filed with the Court no later than seven days prior to the commencement of every

trial, or at such time as the Court may direct. The Joint Discovery Statement shall generally

describe all discovery material exchanged and shall set forth all stipulations. This rule does

not apply to pro se defendants.

i) Stipulations. No factual stipulation shall be used against a defendant unless defendant either:

(i) signs the stipulation; or (ii) orally on the record agrees to the stipulation. If the defendant

is represented by counsel the stipulation must be signed by the defendant’s attorney.