Arraignment Order And Standard Discovery Requests (Page 3 of 6) in pdf

__________(V)

The defendant is hereby ORDERED detained as set forth in the Detention

Order.

III. STANDARD DISCOVERY REQUEST FORM

(initial “a” or “b”)

__________(a) The defendant has elected to utilize the Standard Discovery Requests, as set forth

in Rule 1.01 of the Local Rules of Criminal Procedure for the Southern District of West Virginia

(Uniform Local Criminal Rule Numbers 10.1 and 16.1).

__________ (b) The defendant has elected NOT to utilize the Standard Discovery Requests, as set

forth in Rule l.01 of the Local Rules of Criminal Procedure for the Southern District of West

Virginia (Uniform Local Criminal Rule Numbers 10.1 and 16.1). Accordingly, the defendant is

hereby ORDERED to file all pretrial motions together with supporting memoranda within twenty

(20) days of this date, not later than _________________, and to provide copies to the presiding

judge’s chambers.

Responses shall be filed within seven (7) days, not later than

____________________, with copies provided to the presiding judge’s chambers.

Whereupon, the following Standard Discovery Requests were made:

On Behalf of the Defendant, the Government Is Requested to:

(defense counsel must initial all applicable sections)

__________A. Disclose to defendant the substance of any relevant oral statement made by the

defendant, before or after arrest, in response to interrogation by a person the defendant knew was

a government agent if the government intends to use the statement at trial. [F.R.Crim.P.

16(a)(1)(A)].

__________B. [Individual defendant] Disclose to defendant and make available for inspection,

copying or photographing, all of the following: (i) any relevant written or recorded statement by the

defendant if the statement is within the government’s possession, custody, or control; and the

attorney for the government knows--or through due diligence could know--that the statement exists;

(ii) the portion of any written record containing the substance of any relevant oral statement made

before or after arrest if the defendant made the statement in response to interrogation by a person the

defendant knew was a government agent; and (iii) the defendant’s recorded testimony before a grand

jury relating to the charged offense. [F.R.Crim.P. 16(a)(1)(B)].

__________C. [Organization defendant] Where the defendant is an organization, e.g., corporation,

partnership, association or labor union, disclose to the defendant any statement described in

F.R.Crim.P. 16(a)(1)(A) and (B), if the government contends that the person making the statement

(i) was legally able to bind the defendant regarding the subject of the statement because of that

person’s position as the defendant’s director, officer, employee, or agent; or (ii) was personally

involved in the alleged conduct constituting the offense and was legally able to bind the defendant

regarding that conduct because of that person’s position as the defendant’s director, officer,

employee, or agent. [F.R.Crim.P. 16(a)(1)(C)].

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