Standing Order Regarding Discovery in Criminal Cases — United States v. Gavin H. Roberts (Document 12)

Summary

Standing order regarding discovery in criminal cases issued by Judge Traum in United States v. Gavin H. Roberts, Case No. 3:25-cr-00012-ART-CSD, in the United States District Court, District of Nevada, dated April 4, 2025. It states that the parties must meet and confer no later than seven (7) days after arraignment and file within 30-days a stipulation setting deadlines for government discovery disclosures. It addresses Jencks Act materials, preservation of rough notes by government agents and officers, the defendant's disclosure, notices under Federal Rules of Evidence 404(b) and 609, a continuing duty to disclose, and a status conference if the parties cannot agree.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Cite this document

“Standing Order Regarding Discovery in Criminal Cases — United States v. Gavin H. Roberts (Document 12).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-no-3-25-cr-00012-dkt-12-d8fd1bae23/, SHA-256 221c8237aeb22707ff30b2e17115ad53452e14701801528595b970c6dcefbdf0.

Full text

Case 3:25-cr-00012-ART-CSD Document 12 Filed 04/04/25 Page 1 of 4

2 UNITED STATES DISTRICT COURT
3 DISTRICT OF NEVADA
4
***
5
UNITED STATES OF AMERICA, Case No. 3:25-cr-00012-ART-CSD
6
Plaintiff, JUDGE ANNE R. TRAUM’S
7 v. STANDING ORDER REGARDING
DISCOVERY IN CRIMINAL CASES
8 GAVIN H. ROBERTS,
9 Defendant.
10
1. Purpose. The purpose of this order is to expedite the transfer of
11
discoverable material in criminal cases, ensure that delayed discovery and
12
disclosures do not infringe on a Defendant’s right to a speedy trial or the timely
13
filing of dispositive motions. It is the intent of the court to encourage complete
14
and open discovery consistent with applicable statutes, case law, and rules of the
15
court at the earliest practicable time. Continuances may be required in any event
16
but delays in providing discovery should not alone necessitate the continuance
17
of motion deadlines and trial dates. Nothing in this rule should be construed as
18
a limitation on the court’s authority to order additional discovery.
19
2. Scope. Circumstances falling outside the parameters of this Order shall be
20
handled on a case-by-case basis by appropriate motion.
21
3. Initial Disclosures. The Court presumes, unless otherwise advised, that the
22
Defendant requests information pursuant to Fed. R. Crim. P. 16(a).
23
4. Meet and Confer. Pursuant to Fed. R. of Crim. P. 16.1(a) the parties must
24
meet and confer no later than seven (7) days after arraignment and try to agree
25
on the scope, timing, and method of pretrial disclosure of discovery. The parties
26
shall file with the Court within 30-days a stipulation that sets deadlines by which
27
time the government will:
28

1
Case 3:25-cr-00012-ART-CSD Document 12 Filed 04/04/25 Page 2 of 4

2 Action Deadline/s
Disclose all discovery pursuant to
3
Federal Rule of Criminal Procedure
4 16(a)(1)(A)-(F)
Provide expert witness disclosures
5 Case in Chief:
consistent with Federal Rule of
Criminal Procedure 16(a)(1)(G) 1 Rebuttal:
6
Disclose Confidential Informants’
7 identities (if applicable) 2
Disclose all information within the
8
scope of Brady v. Maryland, 373 U.S.
9 83 (1963), Giglio v. United States, 405
U.S. 150 (1972), United States v.
10 Henthorn, 931 F.2d 29 (9th Cir. 1991),
and their progeny without regard to
11 materiality within the government’s
12 actual or constructive possession
Disclose all responsive information
13 within the scope of Federal Rule of
Criminal Procedure 12.1; 12.2; 12.3 (if
14 applicable)
15 The defense will:
16

17 Action Deadline
18 Provide expert witness disclosures
consistent Federal Rule of Criminal
19 Procedure 16(b)(1)(C)
File written notice of an alibi defense,
20 insanity defense, expert evidence of a
21 mental condition, or public authority
defense consistent with Federal Rule
22 of Criminal Procedure 12.1; 12.2 and
12.3
23

24 1
Any proposed deadline must comply, at minimum, with the following: The government’s expert disclosures are due
a least sixty (60) days before trial. The government must also certify its compliance with amended Federal Rule of
25
Criminal Procedure 16(b)(1)(C) when filing its expert disclosures. The Defendant’s expert disclosures are due at least
fourteen (14) days later. The government’s rebuttal expert disclosures, if any, are due at least twenty-one (21) days
26 later. If either party wishes to challenge an expert under Federal Rule of Evidence 702, Daubert v. Merrell Dow
Pharmaceuticals, Inc., 509 U.S. 579 (1993), or on any other ground, that party must file a motion within at least
27 fourteen (14) days of the date the challenged expert disclosures are filed. Any response(s) to any such motion are due
at least within fourteen (14) days, and any replies are due seven (7) days after the response(s).
28 2 See United States v. Montgomery, 998 F.2d 1468 (9th Cir. 1993).

2
Case 3:25-cr-00012-ART-CSD Document 12 Filed 04/04/25 Page 3 of 4

1 5. Jencks Act materials. Jencks Act materials and witnesses’ statements shall

2 be provided as required by Fed. R. Crim. P. 26.2 and 18 U.S.C. § 3500. However,

3 the government and, where applicable, the Defendant are encouraged to make

4 such materials and statements available to the other party sufficiently in advance

5 of trial as to avoid any delays or interruptions.

6 6. Rough notes. The government shall advise all government agents and

7 officers involved in the action to preserve all rough notes.

8 7. Defendant’s Disclosure. Absent defendant’s election not to receive

9 discovery from the government, it is presumed the government requests discovery

10 pursuant to Rule 16(b). The Court recognizes that the defense’s disclosure

11 obligations under Federal Rule of Criminal Procedure 16(b)(1)(A);(B) are restricted

12 to what the defendant intends to use in its case in chief in trial. As such, discovery

13 the defense is required to produce may depend upon the evidence and testimony

14 adduced during the government’s case in chief, but the Court encourages

15 disclosure in a manner that minimizes delays or interruptions.

16 8. Notices. The government is encouraged to provide notice pursuant to

17 Federal Rules of Evidence 404(b) and 609 at the earliest practicable time in a

18 manner that minimizes delays or interruptions.

19 9. Continuing duty to disclose. If at any time a party identifies or obtains

20 additional evidence not previously disclosed which is subject to discovery or

21 inspection under this standing order, or any other applicable statutes, case law,

22 and rules of the court such party shall promptly disclose its existence. (This order

23 contemplates that there will be situations where a continuing investigation by

24 either party uncovers relevant, discoverable evidence.)

25 10. Status Conference. If the parties are unable to reach an agreement

26 regarding any aspect of this Order, the parties shall contact Judge Traum’s

27 Courtroom Deputy, Katie Sutherland (katie_sutherland@nvd.uscourts.gov) and

28 request a status conference.

3
Case 3:25-cr-00012-ART-CSD Document 12 Filed 04/04/25 Page 4 of 4

1 DATED this 4th day of April, 2025.

4 ANNE R. TRAUM
UNITED STATES DISTRICT COURT JUDGE
5

19
20

File and source

File: 12.pdf
Size: 177,155 bytes
SHA-256: 221c8237aeb22707ff30b2e17115ad53452e14701801528595b970c6dcefbdf0
Our copy: 12.pdf
Original: No public link identified.