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JAN j 6 2010 - United States District Court

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(1996) A. Removes any explicit requirement for consultation directly<br />

between government attorney and self-represented defendant. B.<br />

Reinstates requirement of a statement of facts for certain criminal<br />

motions.<br />

(1997) [A.] Explicitly incorporates into Local Rule 88.9 applicable<br />

portions of Local Rule 7.1.<br />

(1998) Local Rule 88.9 C. is added to reflect the filing time previously<br />

prescribed by the Standing Order on Criminal Discovery of the Southern<br />

<strong>District</strong>, with additional flexibility for motions arising from later<br />

events.<br />

(2003) Subsection A amended for clarification and to harmonize with Local<br />

Rule 7.1.A.3.<br />

(<strong>2010</strong>) Amended to conform tabulation to the style used in the federal<br />

rules of procedure.<br />

Rule 88.10 Criminal Discovery<br />

ftri-(a) The government shall permit the defendant to inspect and copy the<br />

following items or copies thereof, or supply copies thereof, which are<br />

within the possession, custody or control of the government, the<br />

existence of which is known or by the exercise of due diligence may<br />

become known to the government:<br />

Written or recorded statements made by the defendant;<br />

2-r(2) The substance of any oral statement made by the defendant before or<br />

after his arrest in response to interrogation by a then known-to-be<br />

government agent which the government intends to offer in evidence at<br />

trial;<br />

3-r(3) Recorded grand jury testimony of the defendant relating to the<br />

offenses charged;<br />

4-^(4) The defendant's arrest and conviction record;<br />

5^(5) Books, papers, documents, photographs, tangible objects, buildings<br />

or places, or copies or portions thereof, which are material to the<br />

preparation of the defendant's defense, or which the government intends<br />

to use as evidence at trial to prove its case-in-chief, or which were<br />

obtained from or belonging to the defendant; and<br />

6-r(6) Results or reports of physical or mental examinations, and of<br />

scientific tests or experiments, made in connection with this case.<br />

The defendant shall permit the government to inspect and copy the<br />

following items, or copies thereof, or supply copies thereof, which are<br />

within the possession, custody or control of the defendant, the existence<br />

of which is known or by the exercise of due diligence may become known to<br />

the defendant:<br />

81

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