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Notice of Changes Proposed by the Eastern District Local Rules Committee

Monday, August 24, 2020

Comments Due September 24, 2020

The Local Rules Committee has reviewed the recent amendments to the Federal Rules of Criminal Procedure and, as a result, is recommending certain modifications to the local rules. Any comments should be submitted to Gina Colletti, Clerk of Court, via email at by September 24, 2020.              

Modifications to Criminal L.R. 12, 12.4 and 16: Please see the red-line version for proposed changes:  Criminal L.R. 12-12.4-16

  1. In Rule 12, the purpose of the recommended modification is to substitute the phrase “Expanded Discovery” for “Open File Policy.” The U.S. Attorney’s Office for years has advised that the Department of Justice objects to the use of “open file policy,” and that the government files are not being “opened” for discovery. Since the discovery the Office provides is more extensive than required by Rule 16, the term “expanded discovery” better fits the reality of what is being provided.
  2. In Rule 12.4, the phrase “nongovernmental party” is changed to “nongovernmental corporate party.” This rule requires the filing of disclosure statements by parties for assessment of recusal by the court.
  3. In Rule 16, the “Expanded Discovery Policy” set forth in this rule had been known as the “Open File Policy.” As explained regarding the change in Rule 12, the term should be modified to reflect the reality of what is being provided during discovery.