Just a sample/example of information....the judge ordered a "Standing Discovery Order">>>>UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 07-80 13 8-CR-MARRAMTUNAC
UNITED STATES OF AMERICA,
Plaintiff,
VS.
FRANK SARCONA
Defendant,
STANDING DISCOVERY ORDER
The above-named defendant(s) having been arraigned this date in open Court, it is
thereupon
ORDERED and ADJUDGED that on or before fourteen (14) days from the date of this
Order, the parties shall confer and the following shall be accomplished:
A. The Government shall permit the defendant(s) to inspect and copy the following items or
copies thereof, or supply copies thereof, which are 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 Government:
1. Written or recorded statements made by the defendant(s).
2. The substance of any oral statement made by the defendant(s) before or after
hi shedthe i r arrest(s) in response to interrogation by a then known-to-be
Government agent which the Government intends to offer in evidence at trial.
3. Recorded grand jury testimony of the defendant(s) relating to the offenses
charged.
4. The defendant's(s') arrest(s) and conviction record(s).
5 . Books, papers, documents, photographs, tangible objects, buildings or places, or
copies or portions thereof, which are material to the preparation of the defendant's
defense, or which the Government intends to use as evidence a t trial to prove its
case in chief, or were obtained from or belonging to the defendant(s).
6. Results or reports of physical or mental examinations, and of scientific tests o r
experiments, made in connection with this case.
Case 9:07-cr-80138-KAM Document 18 Entered on FLSD Docket 09/24/2007 Page 1 of 4
B. The defendant(s) shall permit the Government to inspect and copy the following items, or
copies thereof, or supply copies thereof, which are within the possession, custody or
control of the defendant(s), the existence of which is known or by the exercise of due
diligence may become known to the defendant(s).
1. Books, papers, documents, photographs or tangible objects which the defendant(s)
intend(s) to introduce as evidence in chief at trial.
2. Any results or reports of physical or mental examinations and of scientific tests or
experiments made in connection with this case which the defendant(s) intend(s) to
introduce as evidence in chief at trial, or which were prepared by a defense
witness who will testify concerning the contents thereof.
3. If a defendant intends to rely upon the defense of insanity at the time of the
alleged crime, or intends to introduce expert testimony relating to a mental
disease, defect or other condition bearing upon the issue of whether he had the
mental state required for the offense charged, he shall give written notice thereof
to the government.
C. The Government shall reveal to the defendant(s) and permit inspection and copying of all
information and material known to the Government which may be favorable to the
defendant on the issues of guilt or punishment within the scope of Bradv v. Marvland,
373 U.S. 83 (1963), and United States v. Agurs, 427 U.S. 97 (1976).
D. The Government shall disclose to the defendant(s) the existence and substance of any
payments, promises of immunity, leniency, preferential treatment, or other inducements
made to prospective Government witnesses, within the scope of Giglio vs. United States,
405 U.S. 150 (1972), and Napue vs. Illinois, 360 U.S. 264 (1959).
E. The Government shall supply the defendant(s) with a record of prior convictions of any
alleged informant who will testify for the Government at trial.
F. The Government shall state whether defendant(s) waslwere identified in any lineup, show
up, photo spread or similar identification proceeding, and produce any pictures utilized or
resulting therefrom.
G. The Government shall advise its agents and officers involved in this case to preserve all
rough notes.
H. The Government shall advise the defendant(s) of its intention to introduce extrinsic act
evidence pursuant to Rule 404(b), Federal Rules of Evidence. The Government shall
Case 9:07-cr-80138-KAM Document 18 Entered on FLSD Docket 09/24/2007 Page 2 of 4
provide notice regardless of how it intends to use the extrinsic act evidence at trial, i.e.
during its case-in-chief, for impeachment, or for possible rebuttal. Furthermore, the
Government shall apprise the defense of the general nature of the evidence of the
extrinsic acts.
I. The Government shall state whether the defendant(s) waslwere an aggrieved person(s), as
defined in Title 18 United States Code Section 25 10(1 I), of any electronic surveillance,
and if so, shall set forth in detail the circumstances thereof.
J. The Government shall have transcribed the grand jury testimony of all witnesses who will
testifl for the Government at the trial of this cause, preparatory to a timely motion for
discovery.
K. The Government shall, upon request, deliver to any chemist selected by the defense, who
is presently registered with the Attorney General in compliance with 21 U.S.C. Section
822 and Section 823, and 21 C.F.R. Section 101.22(8), a sufficient representative sample
of any alleged contraband which is the subject of this indictment, to allow independent
chemical analysis of such sample.
L. The Government shall permit the defendant(s), hisherltheir counsel and any experts
selected by the defense to inspect any vehicle, vessel, or aircraft allegedly utilized in the
commission of any offenses charged. Government counsel shall, if necessary, assist
defense counsel in arranging
custody of the thing to be inspected that such inspection has been ordered by the Court.
M. The Government shall provide the defense, for independent expert examination, copies of
all latent fingerprints or palm prints which have been identified by a Government expert
as those of the defendant(s).
N. The Government shall, upon request of the defendant, disclose to the defendant a written
summary of testimony the Government reasonably expects to offer at trial under Rules
702,703, or 705 of the Federal Rules of Evidence. This summary must describe the
witnesses' opinions, the bases and the reasons therefor, and the witnesses' qualifications.
If the defendant seeks and obtains discovery under this paragraph, the defendant shall,
upon request by the government, disclose to the Government a written summary of
testimony the defendant reasonably expects to offer at trial under Rules 702,703, or 705
of the Federal Rules of Evidence, describing the witnesses' opinions, the bases and the
reasons therefor, and the witnesses' qualifications.
Case 9:07-cr-80138-KAM Document 18 Entered on FLSD Docket 09/24/2007 Page 3 of 4
0. The parties shall make every possible effort in good faith to stipulate to all facts or points
of law the truth and existence of which is not contested and the early resolution of which
will expedite the trial.
P. The parties shall collaborate in preparation of a written statement to be signed by counsel
for each side, generally describing all discovery material exchanged, and setting forth all
stipulations entered into at the conference. No stipulations made by defense counsel at
the conference shall be used against the defendant(s) unless the stipulations are reduced to
writing and signed by the defendant(s) and hiskerftheir counsel. This statement,
including any stipulations signed by the defendant(s) and hiskerftheir counsel, shall be
filed with the Court within five (5) days following the conference.
Q. Timing of all discovery shall be governed by the provisions set forth in Paragraph Q of
Local Rule 88.10.
It shall be the continuing duty of counsel for both sides to immediately reveal to opposing
counsel all newly discovered information or other material within the scope of this Standing
Order.
Upon a sufficient showing, the Court may at any time, upon motion properly filed, order
that the discovery or inspection provided for by this Standing Order be denied, restricted or
deferred, or make such other order as is appropriate. It is expected by the Court, however, that
counsel for both sides shall make every good faith effort to comply with the letter and spirit of
this Standing Order.
All motions concerning matters not covered by this Standing Order must be filed pursuant
to Local Rule 88.9 within twenty-eight (28) days of this Order.
G
DONE and ORDERED at W Palm Beach, Florida this f l day of+%&001.
U.S. MAGISTRATE JUDG
