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Case 1:20-cr-00330-PAE Document 345 Filed 10/14/21 Page 2 of 3
The Honorable Alison J. Nathan
October 14, 2021
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Ms. Maxwell’s counsel conferred with the government about the timing for filing a
motion under Rule 412. The government seeks to have the motion briefed before jury selection
begins.

Implicit in the language of Rule 412(c)(1)(B) is authority for the Court to permit a
defendant to file a motion closer to trial than 14 days, for good cause. But contrary to the
government’s suggestion, the Rule does not contemplate a deadline more than 14 days before
trial.¹

In any event, Ms. Maxwell should not be required to file her Rule 412 motion any time
before November 15, since it was just three days ago (October 11) that the government disclosed
its 3500 material, including more than 8,000 pages of testifying witness disclosures. It will
require significant time and resources to review and investigate this material and to identify any
potentially admissible Rule 412 evidence.

It was also just three days ago that the government alerted defense counsel to its
anticipated Rule 404(b) witnesses. Rule 412’s procedures apply not just to alleged victims named
in the indictment but to any alleged victim in a case involving sexual misconduct, including
alleged 404(b) victims. Fed. R. Evid. 412, Advisory Committee Notes, 1994 Amendments
(“Rule 412 extends to ‘pattern’ witnesses in both criminal and civil cases about other instances
of sexual misconduct by the person accused is otherwise admissible.”).

Finally, Ms. Maxwell (who is in custody) was only provided a copy of the government’s
disclosures earlier today in the late morning. Until Ms. Maxwell is able to review the material,

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¹ See Fed. R. Evid. 412, Advisory Committee Notes, 1994 Amendments, Subdivision (c)
(“The requirement of a motion before trial is continued in the amended rule, as is the provision
that a late motion may be permitted for good cause shown.” (emphasis added)).

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