United States District Court, D. North Dakota
PRETRIAL ORDER (CRIMINAL)
CHARLES S. MILLER, JR., MAGISTRATE JUDGE.
case has been placed on the calendar for a jury trial
scheduled in the federal courthouse in Bismarck, North
Dakota, before the Honorable Daniel L. Hovland, Chief
District Judge of the United States District Court, on
November 6th, 2018, beginning at 9:00 a.m. The case has been
scheduled for three (3) days of trial.
following discovery rules shall apply:
a) Rule 16 discovery shall be accomplished by the parties
without the necessity of Court intervention unless there is a
dispute as to whether the matter is discoverable or there is
a request for a protective order pursuant to Rule 16(d)(1).
The parties are strongly encouraged to informally resolve all
b) Upon the request of the Defendant (which request shall not
be filed with the Court), the Government shall comply with
Rule 16(a)(1)(A-G) and its “standard discovery
policy.” This includes disclosure of all written
statement of the Government's witnesses discoverable
under the Jencks Act, 18 U.S.C. § 3500. It is the intent
that the “standard discovery policy” be
responsive to the legitimate discovery needs of defense
counsel, avoid needless waste of time in filing and answering
discovery motion, and promote the early disposition of cases
when appropriate. In those extraordinary cases in which the
Government believes that compliance with its “standard
discovery policy” would be inappropriate, the
Government shall inform the Defendant of their position at
the time of the arraignment and the Court will address the
matter at that time.
c) If the Defendant requests disclosure under Rule 16(a) the
Defendant shall, upon request of the Government, comply with
Rule 16(b)(1)(A-C) and shall, if relevant, provide written
notice of the Defendant's intention to offer an alibi
defense pursuant to Rule 12.1.
d) The Government shall disclose to the Defendant any
exculpatory material discoverable under Brady v.
Maryland, 373 U.S. 83 91963) and its progeny.
motions, except motions for continuance and motions in
limine, shall be filed twenty-eight (28) days prior to trial.
In the event that the court orders a continuance of trial,
the motion deadline shall be extended to twenty-eight (28)
days prior to the new trial date, unless otherwise ordered by
the court. Untimely motions will not be considered. An
extension of time for the filing of motions will be granted
only for good cause and only if the request has been filed
before the motion expiration date. All responses to pretrial
motions shall be served in accordance with D.N.D. Crim. L.R.
MOTIONS FOR CONTINUANCE:
motions for continuance shall be considered by the Court when
the opposing party has filed a response. A Defendant
requesting a continuance shall file a signed waiver of the
Speedy Trial Act requirements. See 18 U.S.C. §