Arraignment Order And Standard Discovery Requests (LRCrP16.1)

IN THE UNITED STATES DISTRICT COURTFOR THE SOUTHERN DISTRICT OF WEST VIRGINIAUNITED STATES OF AMERICAv.Criminal No. ARRAIGNMENT ORDER ANDSTANDARD DISCOVERY REQUESTS I. ARRAIGNMENT ORDER[Defendant present] At , on , 20, camethe United States of America by , Assistant United StatesAttorney, and also came the defendant in person, and by court-appointed retainedcounsel, , for the purpose of an arraignment.After the Court interrogated the defendant and was satisfied that the defendant had receiveda copy of the indictment, and had read and understood the contents thereof, and that his/her attorneyhad explained the nature of the charges to him/her, the defendant entered a voluntary plea of NOTGUILTY to the indictment.[Defendant not present] At , on , 20, camethe United States of America by , Assistant United StatesAttorney, and also came , court-appointedretained counsel for the defendant, who had previously waived his/her right to be present atthe arraignment, which waiver was accepted. A NOT GUILTY plea to the indictment was enteredfor the defendant, pursuant to the waiver.IT IS ORDERED that this case be set for trial to a jury at a.m. on, 20, in , before the Honorable.IT IS FURTHER ORDERED that if any courtroom technology is required for use at trialor other proceeding, counsel shall notify the court222s technology staff. A certification that the court222stechnology staff has been notified shall be filed with the clerk no later than 7 days before thescheduled commencement of the trial or other proceeding.1 American LegalNet, Inc. www.FormsWorkFlow.com IT IS FURTHER ORDERED that a pretrial hearing on motions in this case be held on, 20, at a.m. p.m. in. Pursuant to Rule 12.1(d) of the Local Rules of Criminal Procedure forthe Southern District of West Virginia, counsel must notify the presiding judge whether either partywill seek to present evidence at the pretrial hearing on motions. Further, counsel must immediatelynotify the presiding judge if agreement has been reached on all pretrial issues, rendering the pretrialhearing on motions unnecessary.IT IS FURTHER ORDERED that if Standard Discovery Requests are elected, then pretrialmotions are due on or before , 20, with copies provided to thepresiding judge222s chambers. Proposed Voir Dire Questions and Jury Instructions are due to thepresiding judge on or before , 20.On or before , 20, counsel is requested to provide a list ofprospective witnesses to chambers for use in voir; such list need not be served on opposing counsel.The defendant did execute did not execute a waiver of right to be present athearings on motions prior to trial.With respect to a defendant represented by court-appointed counsel , IT IS FURTHERORDERED that the defendant is given the right to subpoena witnesses to testify in this case on thedate of trial, and the costs incurred by the process and fees of the witnesses so subpoenaed be paidin the same manner in which similar costs and fees are paid in the case of witnesses so subpoenaedon behalf of the government.II.CUSTODIAL/NON-CUSTODIAL STATUS (Check applicable sections)A. The defendant was previously ordered detained pending trial.B. The government has moved for a detention hearing, and the Court hereby ORDERSthat a detention hearing be held on , 20, at . The defendant is remanded to the temporary custody of the United States Marshal pending thedetention hearing.C. The defendant was previously released on a surety non-surety bond inthe amount of $ with special conditions as set forth in the Order SettingConditions of Release, and it is ORDERED that said bond and Order shall continue.D. The defendant is hereby ORDERED released upon execution of a suretynon-surety bond in the amount of $, as set forth in the Order SettingConditions of Release.E. The defendant is hereby ORDERED detained as set forth in the Detention Order.2 American LegalNet, Inc. www.FormsWorkFlow.com III.STANDARD DISCOVERY REQUEST FORM (Initial 223A224 or 223B224)A. The defendant has elected to utilize the Standard Discovery Requests, as set forthin Rule 16.1 of the Local Rules of Criminal Procedure for the Southern District of West Virginia.B. The defendant has elected NOT to utilize the Standard Discovery Requests, as setforth in Rule 12.1 of the Local Rules of Criminal Procedure for the Southern District of WestVirginia. Accordingly, the defendant is hereby ORDERED to file all pretrial motions together withsupporting memoranda fourteen (14) days before the hearing on pretrial motions, not later than, 20, and to provide copies to the presiding judge222s chambers. Responses shall be filed within seven (7) days, not later than , 20,with copies provided to the presiding judge222s chambers.Whereupon, the following Standard Discovery Requests were made:1.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 thedefendant, before or after arrest, in response to interrogation by a person the defendant knew was agovernment 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 thedefendant if the statement is within the government222s possession, custody, or control; and the attorneyfor the government knows--or through due diligence could know--that the statement exists; (ii) theportion of any written record containing the substance of any relevant oral statement made beforeor after arrest if the defendant made the statement in response to interrogation by a person thedefendant knew was a government agent; and (iii) the defendant222s recorded testimony before a grandjury 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 inF.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 thatperson222s position as the defendant222s director, officer, employee, or agent; or (ii) was personallyinvolved in the alleged conduct constituting the offense and was legally able to bind the defendantregarding that conduct because of that person222s position as the defendant222s director, officer,employee, or agent. [F.R.Crim.P. 16(a)(1)(C)].d. Furnish the defendant with a copy of the defendant222s prior criminal record that iswithin the government222s possession, custody, or control if the attorney for the government knows--orthrough due diligence could know--that the record exists. [F.R.Crim.P. 16(a)(1)(D)].3 American LegalNet, Inc. www.FormsWorkFlow.com e. Permit the defendant to inspect and to copy or photograph books, papers, documents,data, photographs, tangible objects, buildings or places, or copies or portions of any of these items,if the item is within the government222s possession, custody, or control, and (I) the item is material topreparing the defense; (ii) the government intends to use the item in its case in chief at trial; or (iii)the item was obtained from or belongs to the defendant. [F.R.Crim.P. 16(a)(1)(E)].f. Permit the defendant to inspect and to copy or photograph the results or reports of any physical or mental examination and of any scientific test or experiment if (I) the item is withinthe government222s possession, custody or control; (ii) the attorney for the government knows--orthrough due diligence could know--that the item exists; and (iii) the item is material to preparing thedefense or the government intends to use the item in its case-in-chief at trial. [F.R.Crim.P.16(a)(1)(F)].g. Give to the defendant a written summary of any testimony that the governmentintends to use under Rules 702, 703, or 705 of the Federal Rules of Evidence during its case-in-chiefat trial. If the government requests discovery under Federal Rules of Criminal Procedure