Just a sample/example of information....the judge

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.

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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

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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.

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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