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N.D. W. Va. LR Cr P 16.01

Pretrial Discovery and Inspection

activein force · 2018-03-01 – presentact-effective-date

(a) Do Not File Discovery With the Court: Parties shall not file discovery with the

Court. Parties shall serve discovery on other parties to the criminal action and will file

with the Court only the Certificate of Service.

(b) Standard Discovery Request Form: Pursuant to Fed. R. Crim. P. 16(a),

counsel for the defendant may request standard discovery at arraignment or upon filing

of an information or indictment.

(c) Reciprocal Discovery: If counsel for the defendant requests discovery under

Fed. R. Crim. P. 16(a), the defendant must provide reciprocal discovery to the

government under Fed. R. Crim. P. 16(b).

(d) Time for Government Response: The government must provide the standard

discovery under Fed. R. Crim. P. 16(a) within seven (7) days of the standard discovery

request.

(e) Reciprocal Discovery Response: The defendant must provide all reciprocal

discovery due to the government within seven (7) days of receiving discovery materials

from the government.

(f) Defense Discovery Request Deemed Speedy Trial Motion: Any request made

by the defendant pursuant to this Rule will be deemed a motion under the provisions of

the Speedy Trial Act, 18 U.S.C. § 3161, et seq.

(g) Duty to Supplement: All duties of disclosure and discovery under this Rule

are continuing. The parties must produce any additional discovery as soon as they

receive it, and in no event later than the time for such disclosure as required by law,

rules of criminal procedure or order of the Court, and without the necessity of further

request by the opposing party.

(h) Modification for Complex Cases:

(1) At any time after arraignment, the Court, on its own or upon motion by

any party, and for good cause shown, may designate a case as complex.

(2) In all cases designated as complex, not later than seven (7) days

following such designation, the parties shall confer to develop a Proposed

Complex Case Schedule addressing the following:

(i) the scope, timing and method of the disclosures required by federal

statute, rule or the United States Constitution, and any additional

disclosures that will be made by the government;

(ii) whether the disclosures should be conducted in phases, and the timing

of such disclosures;

(iii) discovery issues and other matters about which the parties agree or

disagree, and the anticipated need, if any, for motion practice to

resolve discovery disputes;

(iv) proposed dates for the filing of pretrial motions; and

(v) stipulations with regard to the exclusion of time for speedy trial

purposes under 18 U.S.C. § 3161, et seq.

(3) The parties shall file the Proposed Complex Case Schedule no later than

seven (7) days after conferring under this section.

(4) As soon as practicable after the filing of the Proposed Complex Case

Schedule, the Court shall enter an order fixing the schedule for discovery,

pretrial motions and trial, and determining exclusions of time under 18 U.S.C.

§ 3161, et seq., or shall conduct a pretrial conference to address unresolved

scheduling and discovery matters.

Provenance

Source
www.wvnd.uscourts.gov
Retrieved
2026-09-18
Edition
fed-district-2026-09-19
Content hash
404f37ab96dee9802cdd99cc6f666162e45d21cda72f32e314276ec003b005ce
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