(Matters of a civil, general, or administrative nature are addressed in LR 1, et seq.  These Local Rules for the Administration of Criminal Cases are supplemental in nature, and are to be construed consistently with the generally applicable Local Rules, supra.)

CRIMINAL CASES

LCrR 12.1 Form and Time for Filing Criminal Motions.  Unless otherwise ordered by the Court, every motion filed in a criminal proceeding shall be accompanied by a memorandum of law citing supporting authorities.  Every factual assertion in a motion, response, or brief shall be supported by a citation to the pertinent page in the existing record or in any affidavit, discovery material, or other evidence filed with the motion.  Where allegations of fact are relied upon that are not supported by the existing record, supporting affidavits shall be submitted.

Unless otherwise ordered by the Court, all pretrial motions in criminal cases, pursuant to Rule 12 of the Federal Rules of Criminal Procedure, shall be filed within ten (10) days of arraignment.

LCrR 12.2 Notice of Entrapment Defense. Upon written demand of the attorney for the government stating the time, date, and place at which the alleged offense was committed, the defendant shall serve within ten (10) days, or at such different time as the Court may order in writing, upon the attorney for the government a written notice of his intention to offer a defense of entrapment. Such notice by the defendant shall state the specific acts upon which the prosecution is based that the defendant admits and shall further state the specific time, place, and circumstances under which the defendant claims to have been entrapped, together with the names and addresses of witnesses upon whom he intends to rely to establish such defense.

LCrR 12.3 Disclosure of Information and Witnesses. As soon as practicable after the defendant's notice, and in no event less than ten (10) days before trial (unless the Court directs otherwise), the attorney for the government shall serve upon the defendant, or his attorney, a written notice stating the names and addresses of the witnesses and the substance of any direct or circumstantial evidence of prior acts of the defendant, specific instances of conduct, or criminal convictions of the defendant upon which the government intends to rely to establish the defendant's predisposition to commit the crime alleged.

LCrR 12.4 Continuing Duty to Disclose. If prior to or during trial a party learns of an additional witness whose identity, if known, should have been included in the information furnished under the preceding rules, the party shall promptly notify the other party or his attorney of the existence and identity of such additional witness.

LCrR 12.5 Failure to Comply. Upon the failure of either party to comply with the requirements of this rule, the Court may exclude the testimony of any undisclosed witness offered by such party as to the defendant's defense of entrapment. This rule shall not limit the right of the defendant to testify in his own behalf.

LCrR 12.6 Exceptions. For good cause shown, the Court may grant an exception to any of the requirements of this rule.

LCrR 12.7 Inadmissibility of Withdrawn Defense. Evidence of an intention to rely upon a defense of entrapment, or the admission of any act upon which the prosecution may be based, if later withdrawn, or of any statement made in connection with a notice under this rule, is not admissible in any civil or criminal proceeding against the person who gave notice of the intention.

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LCrR 16.1 Pretrial Discovery and Inspection in Criminal Cases. Within five (5) days after arraignment, the United States Attorney and the defendant's attorney shall confer and, upon request, the government shall:

(a) Permit defendant's attorney to inspect and copy or photograph any relevant written or recorded statements or confessions made by the defendant, or copies thereof, within the possession, custody, or control of the government, the existence of which is known, or by the exercise of due diligence may become known to the attorney for the government.

(b) Permit defendant's attorney to inspect and copy or photograph any relevant results or reports of physical or mental examinations, and of scientific tests or experiments made in connection with the case, or copies thereof, within the possession or control of the government, the existence of which is known, or by the exercise of due diligence may become known to the attorney for the government.

(c) Permit defendant's attorney to inspect and copy or photograph any relevant recorded testimony of the defendant before a grand jury.

(d) Permit defendant's attorney to inspect and copy or photograph books, papers, documents, tangible objects, buildings, or places which are the property of the defendant and which are within the possession, custody, or control of the government.

(e) Permit defendant's attorney to inspect and copy or photograph the Federal Bureau of Investigation Identification Sheet indicating defendant's prior criminal record.

(f) Permit defendant's attorney to inspect and copy or photograph any evidence favorable to the defendant.

(g) There shall be no duplication required of a party making discovery under this rule or under Rule 16 of the Federal Rules of Criminal Procedure.  In the event the United States Attorney declines to furnish any such information described in this rule, he shall file such declination in writing specifying the types of disclosure that are declined and the grounds therefor. If defendant's attorney objects to such refusal, he shall move the Court for a hearing thereon. Any duty of disclosure and discovery set forth in the rule is a continuing one and the United States Attorney shall produce any additional information gained by the government.