E.D. Wash. LCrR 16

The purposes of this Rule are to expedite the transfer of discoverable material between opposing parties in

criminal cases and to ensure that pretrial discovery motions are filed only when these discovery

procedures have failed to timely result in the exchange of all legitimately discoverable material.

(a) Government’s Disclosure

Absent notice to the government to the contrary, it is presumed the defendant requests discovery pursuant

to Fed. R. Crim. P. 16(a). At arraignment or within fourteen (14) days thereafter, the government shall:

(1) Make available for inspection or copying all the Rule 16(a) material (defendant’s oral

and written statements; defendant’s prior record; documents and objects; reports of

examinations and tests; and expert witnesses opinions, the bases and reasons for those

opinions, and the witness’s qualifications) in its possession, custody or control or which

may become known to the attorney for the government through due diligence;

(2) Make available for inspection or copying any electronic eavesdrop, wiretap, or any

other interception of defendant’s wire or oral communications as defined by 18 U.S.C.

§ 2510, et seq., the authorization for and information gathered from a tracking device,

GPS locator, pen register, trap and trace, or any other video or audio recording used

during the course of the investigation of the case;

(3) Make available for inspection or copying any search warrants and supporting

affidavits which resulted in the seizure of evidence which is intended for use by the

government as evidence in its case-in-chief at trial, or which was obtained from, or

belongs to, the defendant;

(4) Inform the defendant’s attorney whether any physical evidence intended to be offered

in the government’s case-in-chief was seized by the government pursuant to any

exception to the warrant requirement;

(5) Make available for inspection or copying any photographs used in any photograph

lineup, show up, or photo spread, and identify any other identification technique and the

results thereof; and

(6) Advise the defendant’s attorney of evidence favorable to the defendant and material

to the defendant’s guilt or punishment to which defendant is entitled pursuant to Brady v.

Maryland, 373 U.S. 83 (1963) and United States v. Agurs,427 U.S. 97 (1976).

The court encourages early disclosure by the government of Jencks statements (18 U.S.C. § 3500) when

the reasons for withholding such statements are not implicated.

No later than twenty-eight (28) days prior to trial, the government shall:

(7) Provide the information required by United States v. Henthorn, 931 F.2d 29 (9th Cir.

1991) (government required to inspect for material information in the personnel records

of federal law enforcement officers who will testify at trial);

(8) Provide a summary of any evidence of other crimes, wrongs, or acts which the

government intends to offer under Federal Rule of Evidence 404(b), in sufficient detail

that the court may rule on the admissibility of the proffered evidence, if challenged; and

(9) Provide a list of convictions the government intends to offer under Federal Rule of

Evidence 609 so the court may rule on their admissibility, if challenged.

(b) Defendant’s Disclosure

Absent defendant’s election not to receive discovery from the government, it is presumed the government

requests discovery pursuant to Rule 16(b). No later than fourteen (14) days before trial, the defense shall

make available for inspection or copying all the Rule 16(b) material (documents and objects, reports of

examinations and tests, and expert witnesses opinions, the bases and reasons for those opinions, and the

witness’s qualifications) within defendant’s possession, custody, or control that the defendant intends to

use in defendant’s case-in-chief.

The court encourages early disclosure by the defense of United States v. Nobles, 422 U.S. 225 (1975)

statements (Fed. R. Crim. P. 26.2) when the reasons for withholding such statements are not implicated.

No later than twenty-one (21) days before trial, the defense shall:

(1) File and serve a written copy of any intention to assert an insanity defense or assert any

other mental condition bearing on the issue of guilt or the issue of punishment in a capital

case, pursuant to Fed. R. Crim. P. 12.2.

(2) File and serve a written copy of any intention to assert a public authority defense

pursuant to Fed. R. Crim. P. 12.3.

(c) Continuing Duty to Disclose

If at any time a party identifies or obtains additional evidence not previously disclosed which is subject to

discovery or inspection under this Rule, such party shall promptly disclose its existence. [This rule

contemplates that there will be situations where a continuing investigation by either party uncovers

relevant, discoverable evidence.]

(d) [Reserved]

(e) Exchange of Exhibit and Witness Lists

The exchange of exhibit and witness lists will be pursuant to the order of the presiding trial judge.

(f) Motions to Compel Further Discovery or Inspection

If discovery or inspection beyond that provided for above is sought, the attorney for the government and

the defendant’s attorney shall confer with a view toward satisfying these requests in a cooperative manner

without involving the court. All motions for discovery or inspection shall contain a certification (1) that

counsel have engaged in a discovery conference (in person, in writing or telephonically) and discussed the

subject matter of each motion and have been unable to reach agreement; (2) the date of the conference;

(3) the names of the attorneys and parties who attended the conference; and (4) the matters which remain

in dispute and require the determination of the court.

The filing of any such motion for further discovery or inspection which does not include the required

certification may result in summary denial of the motion.