(B) Discovery Upon Defendant’s Request. At the earliest opportunity and no later than 7 days after arraignment, the defendant's attorney shall contact the government's attorney and make a good faith attempt to have all properly discoverable material and information promptly disclosed or provided for inspection or copying. In addition, upon request of the defendant, the government shall specifically provide the following within 7 days after the request:
(2) Defendant’s Prior Record Under Fed. R. Crim. P. 16(a)(1)(D). The defendant's complete arrest and conviction record, as known to the government.
(3) Documents and Tangible Objects Under Fed. R. Crim. P. 16(a)(1)(E). Books, papers, documents, photographs, tangible objects, buildings or places, or copies or portions thereof, which the government intends to use as evidence-in-chief at trial, which are material to the preparation of the defendant’s defense, or which were obtained from or belong to the defendant.
(4) Reports of Examinations and Tests Under Fed. R. Crim. P. 16(a)(1)(F). Results or reports of physical or mental examinations and of scientific tests or experiments, or copies thereof, which are material to the preparation of the defendant’s defense or are intended for use by the government as evidence-in-chief at trial.
(5) Expert Witnesses Under Fed. R. Crim. P. 16(a)(1)(G). A written summary of testimony the government intends to use under Rules 702, 703, or 705 of the Federal Rules of Evidence.
(2) Reports of Examinations and Tests Under Fed. R. Crim. P. 16(b)(1)(B). At least 30 days before the trial, results or reports of physical or mental examinations, and of scientific tests or experiments, or copies thereof, which the defendant intends to introduce as evidence-in-chief at trial, or which were prepared by a witness whom the defendant intends to call at trial and which relate to that witness's testimony.
(3) Expert Witnesses Under Fed. R. Crim. P. 16(b)(1)(C). Within 14 days after the government’s request, a written summary of testimony the defendant intends to use under Rules 702, 703, or 705 of the Federal Rules of Evidence.
(2) 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) and Napus v. Illinois, 360 U.S. 264 (1959).
(3) Testifying Informant’s Convictions. A record of prior convictions of any alleged informant who will testify for the government at trial.
(4) Defendant’s Identification. If a lineup, showup, photo spread or similar procedure was used in attempting to identify the defendant, the exact procedure and participants shall be described and the results, together with any pictures and photographs, shall be disclosed.
(5) Inspection of Vehicles, Vessels, or Aircraft. If any vehicle, vessel, or aircraft was allegedly utilized in the commission of any offenses charged, the government shall permit the defendant’s counsel and any experts selected by the defense to inspect it, if it is in the custody of any governmental authority.
(6) Defendant’s Latent Prints. If latent fingerprints, or prints of any type, have been identified by a government expert as those of the defendant, copies thereof shall be provided.
(2) The government shall advise the defendant of its intention to introduce evidence at trial, pursuant to Rule 404(b), Federal Rules of Evidence.
(3) If the defendant was an “aggrieved person” as defined in 18 U.S.C. §2510(11), the government shall so advise the defendant and set forth the detailed circumstances thereof.
(4) 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 to 18 U.S.C. §3500. Jencks Act materials and witnesses’ statements shall be provided as required by Fed. R. Crim. P. 26.2 and §3500. However, the government, and where applicable, the defendant, is requested to make such materials and statements available to the other party sufficiently in advance so as to avoid any delays or interruptions at trial.
(2) Alibi. If the attorney for the government makes demand for notice of defendant’s intent to offer a defense of an alibi, the defendant shall respond within 14 days after the demand.
(3) Entrapment. If the defendant intends to rely upon the defense of entrapment, such intention shall be disclosed by written notice to the government’s attorney at least 14 days before the trial. See United States v. Webster, 649 F.2d 346 (5th Cir. 1981).
(2) Newly Discovered Evidence. It shall be the duty of counsel for both sides to immediately 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 by the speediest means available.
(3) Discovery Motions Prohibited. No attorney shall file a discovery motion without first conferring with opposing counsel, and no motion will be considered by the Court 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. No discovery motions should be filed for information or material within the scope of this rule.
(4) Filing of Requests. Discovery requests made pursuant to Fed. R. Crim. P. 16 and this local rule require no action on the part of the Court and should not be filed with the Clerk, unless needed for consideration of a motion or to preserve an issue for appeal.
(5) Protected Material. When the government believes that public disclosure of Giglio material or testifying-informant convictions poses a danger to a witness, it may provide this information in an envelope separate from other discovery material and marked “Giglio material/informant convictions — DISTRIBUTION OUTSIDE THE DEFENSE TEAM IS PROHIBITED.” Information designated in this manner shall not be distributed by the attorney for the defendant, except to those working on the attorney’s behalf. While it is information that is necessarily shared with the defendant, copies of this information shall not be provided to the defendant.
