D. Vt. L.Cr.R. 16

At the time of arraignment, the court will issue to all parties a standard Criminal Pretrial Order,

which sets forth this court’s criminal discovery procedures.

(a) Discovery from the Government. Unless the court orders otherwise, the government must

make the following materials available to the defendant for inspection and copying within 14 days

of arraignment:

(1) Fed. R. Crim. P. 16(a) and Fed. R. Crim. P. 12(b)(4) Information. All discoverable

information within the scope of Fed. R. Crim. P. 16(a) and notice of the government’s

intent to use this evidence pursuant to Fed. R. Crim. P. 12(b)(4), so the defendant has an

opportunity to file motions to suppress evidence;

(2) Brady Material. All information and material known to the government that may be

favorable to the defendant on the issues of guilt or punishment, as provided by Brady v.

Maryland, 373 U.S. 83 (1963);

(3) Names and Addresses of Witnesses. A list of the names and addresses of witnesses

the government intends to call in its case in chief. The government may withhold the

names and/or addresses of those witnesses about whom it has substantial concerns. If

names and/or addresses are withheld, the government must notify the defense of the

number that have been withheld;

(4) Search Warrant and Objects. All warrants, applications with supporting affidavits,

testimony under oath, returns, and inventories for search and/or seizure of the defendant’s

person, property, or items that the defendant may have standing to move to suppress; and

(5) Electronic Surveillance Documents and Objects. Notice of any electronic

surveillance conducted pursuant to 18 U.S.C. Chapter 119, plus all authorizations,

applications, orders, returns, inventories, logs, transcripts, and recordings obtained

pursuant to such surveillance that the defendant may have standing to move to suppress.

(b) Discovery from Defendant.

Unless within 5 days of arraignment a defendant refuses discoverable materials under Fed. R.

Crim. P. 16(a)(1)(E) - (G) in writing, the defendant must make available to the government,

within 21 days of arraignment:

(1) Fed. R. Crim. P. 16(b) Material. All discoverable information within the scope of

Fed. R. Crim. P. 16(b); and

(2) Names and Addresses of Witnesses. The names, addresses, and birth dates of all

witnesses the defendant plans to call in its case in chief.

(c) Notice Required of Defendant. Within 21 days of arraignment, the defendant must provide

written notice as required by Fed. R. Crim. P. 12.1, 12.2, and 12.3.

(d) Government Pretrial Disclosures. Unless the court orders otherwise for good cause, the

government must provide to the defendant not less than 14 days prior to the start of jury selection:

(1) Giglio Material. All material within the scope of United States v. Giglio, 405 U.S.

150 (1972), including but not limited to information relating to:

(A) the existence and substance of any payments, promises of immunity, leniency,

preferential treatment, or other inducements made to a testifying witness;

(B) the content of substantially inconsistent statements that a witness has made

concerning issues material to guilt or punishment; and

(C) any criminal conviction of a witness or other instance of misconduct, of which

the government has knowledge, and which may be used to impeach a witness

pursuant to Fed. R. Evid. 608 and 609.

(2) Fed. R. Evid. 404(b) Notice. The government must advise the defendant of its

intention to introduce Fed. R. Evid. 404(b) evidence in its case in chief. This requirement

replaces the defendant’s duty to demand such notice.

(e) Continuing Duty to Disclose. Prior to or during trial, each party must promptly notify

opposing counsel if the party discovers additional evidence or material required to be provided or

disclosed pursuant to this Rule; each party must provide notice and access to the evidence or

material for inspection and copying.

(f) Discovery Motions. No attorney may file a discovery motion or a request for a bill of

particulars without first conferring with opposing counsel and providing the court with a

certification stating the names of all participating parties and the date, time, and place of the

conference. This rule does not apply to motions pursuant to Fed. R. Crim. P. 16(d)(1).

(g) Motions to Continue. No continuance or extension will be granted under 18 U.S.C. § 3161

(the Speedy Trial Act) unless a party submits a motion or stipulation.

(1) Motion or Stipulation Requirements. The motion or stipulation must set forth the

following:

(A) the appropriate exclusionary provision of the Speedy Trial Act;

(B) the facts that would warrant the court to grant the requested relief; and

(C) a statement that defendant recognizes that any additional time granted

will be excluded from computation under the Speedy Trial Act.

(2) Proposed Order Requirement. Counsel must also submit a proposed order stating the

time to be excluded and the basis for the exclusion. If the exclusion affects the trial date,

the stipulation or proposed order must include a space for the court to enter a new trial

date in accordance with the excludable time period.

(h) Pretrial Filing and Stipulation Requirements.

(1) Exchange and File. Within 3 days of the trial date, counsel for each party must

exchange and file with the court:

(A) voir dire requests;

(B) requests to charge, the need for which was not apparent prior to trial (such

requests do not prejudice the parties’ right to submit additional requests at the

conclusion of the evidence); and

(C) a proposed exhibit list following the format provided in L.R. 38.

(2) Stipulations. Within 3 days of the trial date, counsel for each party must make every

effort to enter into stipulations of fact, including stipulations as to the admissibility of

evidence, in order to limit issues for trial.

(i) Sentencing Discovery.

(1) Review of Materials. A list of the materials provided by a party to the Probation

Office as part of the presentence investigation shall be provided to opposing counsel.

Either party may examine those materials at the Probation Office. If any party wishes to

obtain copies of those materials, those materials shall be provided by the other party upon

request. However, if the government has substantial concerns that production of those

materials to opposing counsel may create a substantial risk of injury to or intimidation of a

witness or any other person, the government may withhold such materials. Opposing

counsel is then free to file a motion to compel production of those materials with the court.

(2) Exchange of Information. On the day objections to the draft presentence report are

due, the government and defendant must exchange:

(A) all information within the scope of Fed. R. Crim. P. 16(a) and (b) not

previously disclosed relating to issues to be raised at the sentencing hearing; and

(B) the names and addresses of witnesses, including experts, who have not

previously been disclosed and who will be called at the sentencing hearing. The

defendant must provide the dates of birth of such witnesses. The government must

provide the criminal records, if any, of such witnesses.